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Home My WebLink AboutLittle Spirit Creek Wellfield Augusta Richmond GA DOCUMENT NAME: L1fIe- S~V1 & Cveek Wet (field DOCUMENT TYPE: Coh tYtLJ YEAR: '1-J5D D BOX NUMBER: OJ FILE NUMBER: 1410 1 NUMBER OF PAGES: l~ . - - - . . - - - - - . . I ii . . - - I - . . I - . - . - . - . . . = i . . - . I . I I ,..>.......,- .,.., .;",......:../. "j.~-(:.._.'~ \:,::;.r:::,?~};~' contrad Oocu~,;is~~J~ & . ,.., >'.';",,'i; '.-...:.Iu"..:..:,......,...<.':,) -" :.. . ..,.:~ ,. ". ..:: ;_.. .. ...:.~., -,.,. SpecificatiOf1$ ~. Spirit ~k wet... , . ,.. ...<.', :.,-..-.' .' ..',.,:,.,.' , .. .,.,...'.,.,..: :...- ."....... .....,...-, ,.<."..,.. .... ,..:' .........,...,:.:., .' ;-:, ,\~ ,. :'\'\: ':1?NJ" Prepared . For: AUGUSTA COMMISSION Bob Young, Mayor Lee N. Beard, Mayor Pro Tempore Marion Wifliams, District 2 Stephen E. Shepard, District 3 Richard Colclough, District 4 Henry Brigham, District 5 Andy Cheek, District 6 Jerry Brigham, District 7 Ulmer Bridges, District 8 William H. Mays, III, Super District 9 William B. Kuhlke, Jr., Super District 10 AUGUSTA UTILITIES DEPT. Max Hicks, PE, Director Pr8f:NlAKl8y: .lAMES G. SWIFT & ASSOCI AT.. Consulting Engineers 1206 Interstate Parkway Augusta, c;3A 30909 Januarv 2000 I I I I I I I I I I I I I I I I I TABLE OF CONTENTS DESCRIPTION PAGE # Advertisement for Bids ADV-1 Instruction to Bidders IB-1 to IB-3 Proposal P-1 to P-6 Bid Bond BB-1 . Notice of Award NA-1 Agreement A-1 to A-3 Performance & Labor and Material Payment Bonds PB-1 to PB-4 Notice to Proceed NP-1 Change Order CO-1 General Conditions GC-1 to GC-45 Supplementary General Conditions SGC-1 to SGC-3 . Special Conditions SC-1 to SC-3 T echn ical Specifications 1 - 28 Well Data IExisting Well No. LSC-3 Data . . I I - I I I I I I I I I I I I I I I I I ADDENDUM #1 - NOTICE CHANGE IN BID DATE SEALED BIDS'for the construction of four wells at Augusta, Georgia, including together with appurtenances, hereinafter referred to by project name as LITTLE SPIRIT CREEK WELLFIELD Bid Item # 99-159 will be received by . AUGUSTA COMMISSION hereinafter referred to as the OVVNER, at the office of the Purchasing Director, Room 60S, Municipal Building until 3:00 p.m. on the 10th day of February, 2000, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of James G. Swift & Associates hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the office of James G. Swift & Associates, 1206/nterstate Parkway, Augusta, Georgia 30909; at the office of Augusta-Richmond Purchasing Dept, Room 605 Municipal Building, 530 Greene Street, Augusta, GA 30911; and at the following locations: The F. W. Dodge DMsion Plan Room Augusta Builders Exchange CSRA Business League Augusta, Georgia Augusta, Georgia Augusta. Georgia Copies may be obtained at the office of James G. Swift & Associates upon payment of Fifty Dollars ($50.00) for each set. (Non-refundable). Bids shall be addressed to Augusta-Richmond County Commission, c/o Geri A.Sams, Purchasing Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Little Spirit Creek Wellfield, Bid Item #99-159". Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. A 10% Bid Guarantee, 100% Performance Bond, and a 100% Labor and Material Payment Bond will be required. It is the wish of the Owner that minority businesses be.given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The.Owner supports a healthy freemark~t system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Geri A. Sams, Purchasing Director Advertised in Augusta Chronicle: December 28,1999; January 5, 10, 14; 19, and 26,2000 Advertised in Augusta Focus: December 30, 1999 and January 20, 2000 - I I I I I I I I I I I I I I I I I I INSTRUCTION TO BIDDERS IB-01 GENERAL: All proposals must be presented in a sealed envelope, addressed to the OWner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will bei subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal maybe withdrawn at the discretion of the bidd~r, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. 8B-02 EXAMINATION OF WORK: . Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will , . be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, . if issued, will be sent by certified mail with return receipt requested to all.prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. ., .. ., 113-04 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid.. . Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure te) quote on all items may disqualify.the bid. When quotations on all items are not required, bidders shall insert the words "no bid" Where appropriate. Alternative bids will not be cOnsidered linless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. . ffi-l - . Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids · of corporations ,will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD: The bids will be compared on the basis of unit prices, as extended, which will include and - cover the furnishing of all material and the performance of all labor requisite or proper, and - completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS: No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations ~o be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to de~~rminethe ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evid~nce submitted by the bidder or investigation of him fails to satisfy the Own,er that such bidder is prope.rly qualified to carry out the obligations of the contract and to complete,the work contemplated therein.. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND: At the time of entering iflto the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing VI.Ork or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond sl:1all be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS: These proposals are asked for in good faith, and awar9s will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such, action is deemed. to be in the best. interest of the Owner. ffi-2 I I I I I I I I I I I I I I I I I I I IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT: It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted \Nark of County Government. . In an effort to support this intention, this projec.t, is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm.-does not fall into this category, no information is necessary. fB-3 I I I I I I I I I I I I I I I I I I I PROPOSAL FOR LITTLE SPIRIT CREEK WELLFIELD Augusta Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings; Contract Documents or by the Augusta Utilities Dept. Engineer/Director, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; 5. He agrees to hold the Owner harmless for accidents or damage to property; 6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos containing material removal and disposal; Regulations regarding disposal of all debris; OSHA Requirements. 7., . He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal Form. 8; He will maintain the site as reasonably clean as possible by not allowing debris to accumulate before making trips to his disposal site. Debris ml,Jst be hauled on a regular basis to avoid excessive accumulation. Materials sold for salvage shall not be retained on site. 9. He will not burn any materials on site without written approvals from proper authorities. 10. He will furnish the Owner with a detailed schedule of demolition and removal including disposal sites, names of all subcontractors, State and local license information. and hereby proposes and agrees that, if the Proposal is accepted, he will contract with the P-l I I I I I I I I I I I I I I I I I I I Augusta Commission to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with the requirements of the Augusta Utilities Dept. Engineer/Director and the true intent of the Contract Documents and that he will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders mllst bid Oil each item) DESCRIPTION QUANTITY UNIT TOTAL PRICE I. WELL #LSC-1 1. Site Preparation (Clearing, Grubbing & Grading) LUMP SUM 13570.00 13570.00 2. Test Bore Hole & Well Logging LUMP SUM 5313.00 5313.00 3. ' 24" Outer Casing (Installation Complete) 80 LF 127.00 10160.00 4. 14" Bore Hole 293 LF 22.00 6446.00 5. 14" Inner Casing, Complete 293 LF 60.00 17580.00 6. 14" Stainless Steel Screen & Gravel Packing 80 LF 297.00 23760.00 7. Pumping Equipment Complete (Motor, Starter, Pump, etc.) LUMP SUM 66250.00 66250.00 8. Well Vault & 6" Cone. Slab, Complete LUMP SUM 19775.00 19775.00 9. Water Main, Valves, Fittings, Sump Pump, & Appurtenances LUMP SUM 7650.00 7650.00 10. 6" Thick Concrete Driveway 11 CY 282.00 3102.00 SUBTOTAL. - WELL #LSC-1 I 1'/51 &o&.(tX) . ' . II. WELL #LSC-2 11. Site Preparation (Clearing, Grubbing & Grading) LUMP SUM 13570.00 13570.00 12. Test Bore Hole & Well Logging LUMP SUM 5675.00 5675.00 13. 24" Outer Casing (Installation Complete) 88 LF 127.00 11176.00 14. 14" Bore Hole 314 LF 22.00 6908.00 15. 14" Inner Casing, Complete 322 LF 60.00 19320.00 P-2 I I I I I I I I I I I I I I I I I I I 16. 14" Stainless Steel Screen & Gravel Packing 80 LF 297.80 23824.00 17. Pumping Equipment Complete (Motor, Starter, Pump, etc.) LUMP SUM 66250.00 66250.00 . '18. Well Vault & 6" Cone. Slab, Complete LUMP SUM 19775.00 19775.00 19. Water Main. Valves, Fittings. Sump Pump & Appurtenances LUMP SUM 7650.00 7650.00 20. 6" Thick Concrete Driveway 11 CY 288.00 3168.00 SUBTOTAL - WELL #LSC-2 [f)1) ,Slit.' .0-;) III. WELL #LSC-4 21. Site Preparation (Clearing, Grubbing & Grading) LUMP SUM 17000.00 17000.00 22. Test Bore Hole & Well Logging LUMP SUM 5925.00 5925.00 23. 24" Outer Casing (Installation Complete) 85 LF 127.00 10795.00 24. 14" Bore Hole 337 LF 22.00 7414.00 25. 14" Inner Casing. Complete ,342 LF 60.00 20520.00 26. 14" Stainless Steel Screen & Gravel Packing 80 LF 297.80 23824.00 27. Pumping Equipment Complete (Motor, Starter, Pump, etc.) LUMP SUM 67000.00 67000.00 28. Well Vault & 6" Cone. Slab, Complete LUMP SUM 19775.00 1q77<1 nn 29. Water Main, Valves, Fittings, Sump Pump & Appurtenances LUMP SUM 10687.00 10687.00 30. 6" Thick Concrete Driveway 15 CY .288.00 4320.00 31. 6" Stone Aggregate Driveway 23 CY 3'9.00 897.00 SUBTOTAL - WELL #LSC-4' I <6'6, i ~/j . co IV. WELL #LSC-5 32. Site Preparation (Clearing. Grubbing & Grading) . LUMP SUM 13950. on 13950.00 33. Test Bore Hole & Well Logging LUMP SUM 6613.00 6613.00 34. 24" Outer Casing 15~.00 (Installation Complete) 122 LF 127.00 P-3 I' I I I I I I I I I I I I I I I I I I 35. 14" Bore Hole 355 LF 22.00 7810.00 36. 14" Inner Casing, Complete 397 LF 60.00 23820.00 37. 14" Stainless Steel Screen & Gravel Packing 80 LF 297.80 23824.00 38. Pumping Equipment Complete (Motor, Starter, Pump, etc.) LUMP SUM 66250.00 66250.00 :39. Well Vault & 6" Cone. Slab, Complete LUMP SUM 19775.00 19775.00 40. Water Main, Valves, Fittings, Sump Pump & Appurtenances LUMP SUM 6525.00 6525.00 41. 6" Thick Concrete Driveway. 12 CY 288.00 3456.00 SUBTOTAL - WELL #LSC-5 1<61 5'/1.00 V. MISCELLANEOUS: 42. Soil Erosion & Sediment Control LUMP SUM 2650.00 2650.00 43. Grassing. Complete (Temporary. Permanent, Fertilizer. etc.) LUMP SUM 2500.00 2500.00 44. Construction Staking LUMP SUM 1600.00 1600.00 45. Reproducible As-Built Plan LUMP SUM 500.00 500.00 46 Property Restoration & Clean-up LUMP SUM 2000.00 2000.00 47. 100% Performance Bond LUMP SUM Q2,)1.00 9253.00 SUBTOTAL- ., MISCELLANEOUS I -Z 5:'03. OQ I TOTAL CONST"UCT_ON COST ,'" $ 745099.00 " .. ." . Where estimated quantities are included in certain items of the proposal. they are for the purpose of comparing bids. While -they are believed to be close approximations. they are not guaranteed. It is the responsibility of ,the Contractor to check all items of construction. Any work shown on plans but not included in the above items, shall be considered incidental work and therefore should be accounted for by the Contractor in the ab,?ve items. There will be no separate pay item for work not specified above. 1)-4 I' I I I I I I I I I I I I I I I I I I JAtl-11-2000 21: ~'::j HI"(~ t""UI"(~MH~II"1..1 JAM~S G. SWIFT & ASSOCIATI!S CONSULTING I!NGINI!I!RS 1206 Interstate Parkway · Augusta, GA 30909 Phone: 706-868-8803 · Fax: 706-868-5464 ADDENDUM #2 PROJECT: Little Spirit Creek Wellfield (Bid Item #99-159) OA TE: January 11, 2000 CHANGE TO CONTRACT DOCUMENTS: . Change the number of days to complete the project to 180 days. ADDITION TO BID SCHEDULE: !~~i~"~f:; ;;;:pl#r~:~:~~n~~~~::;1;i.i?di~;:i1W~f~l;t!;~t;f~M*;;i;~~~.::~! '!i;QM~rtiwlr :~{r~"Jt.;1pf,J~n;1i:: HI}K}:i~1{r~f.i(;if,:;;}:;:::') 10A. 6' Chain-link fence with 3 strands of barb-wire and 1211 gate around Well LSC-1 20A ~ Chain-link fence with 3 strands of barb-wire and 12" gate around Well LSC-2 31A. 6' Chain-link fence with 3 strands of barb-wire and 12" gate around Well LSC-4 41A 61 Chain-link fence with 3 strands of barb-wire and 1211 gate around Well LSC-5 Lump Sum * Lump Sum * Lump Sum * Lump Sum * * Fence Included in Site Preparation Line Item. TOTAL P.01 I' I I I I I I I I I I I I I I I I I I ADDITIONAL ITEMS OF CONSTRUCTION TO BE PERFORMED BY THE CONTRACTOR. IF IREQUIRED. AND AS DETERMINED BY THE ENGINEER AND/OR DEVELOPER: (Please state unit prices) 1. 4" French Drain 13.00 LF 2. 6" French Drain 15.00 LF 3. Select Refill Material-Sand Clay (GA DOT Type 1- Spec. 812.01) 13.00 CY 4. ' Select Refill Material-Stone (GA DOT Type 11- Spec. 812.02) 26.00 TON 5. 600 gpm Pumping Equipment, Complete 66250.00 LS 6. 500 gpm Pumping Equipment. Complete 66000.00 LS 7. 400 gpm Pumping Equipment, Complete 64750.00 LS 8. 300 gpm Pumping Equipment, Complete 64750.00 LS 9. 200 gpm Pumping Equipment,Complete 64350.00 LS FAILURE TO QUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS MA Y CAUSE THE BID TO BE REJECTED! The Contract covering the construction of all work described above will be completed within 120 calendar days from the date specified in the "Notice to Proceed" of the Augusta R. .110. d' U '1' . E' 10' f seven hundred forty-five 0 II ($ ^ ICBlmon tlltles nglneer Irector or: thnw'l;:!nn nin~ty ninp - - - - 0 ars 74S099.vO) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date #1 01/07/2000 #2 01/11/2000 #3 02/03/2000 The undersigned ~idder understands and agrees that. should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond 6F-a-Ger-t-ified--GReek in the amount of 10% of BID __Dollars ($ ) being not less than ten percent (10%) of the total base bid sum. P-5 I ' I' I I - I I I I I I I I I I I I I I Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will ,sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Name & Georgia License Number of Contractor: . GRAVES DRILL I S V' INC. Name of Bi~/ ~, ,,'. JAMES K. BRANCH ure & Title of orized Representative GA WELL CONTRACTORS LICENSE # 745 GA Uti! i ty -C-eRtr-ac-tef-bi€efl5& # 77 24 ATOMIC ROAD Business Address 'Date: FEBRUARY 10, 2000 JACKSON, SC 29831 City and State '0031 t.p71- "3353 -- P-6 I ACOJ'lD~ CERTIFICATE OF LIABILITY INSURANC~df,h:2 I DATE (MMlDDIYY) 02/04/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Merritt & McKenzie, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 400 Northcreek, Ste 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atlanta GA 30327 INSURERS AFFORDING COVERAGE Phone: 404-266-7160 Fax:404-266-7199 INSURED INSURER A: CNA Insurance GrouD INSURER B: Graves Inc., etal INSURER C: 7724 Atomic Road INSURER D: Jackson SC 29831 ! INSURER E: I I I COVERAGES I - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IlrfR~ TYPE OF INSURANCE I POLICY NUMBER I POLlC~ EFFECT~EI POLlC~ EXP'RATI~N I LIMITS DATE MM/DDIYY DATE MM/DDIYY GENERAL LIABILITY I EACH OCCURRENCE IS1,000,000 f---: A X I COMMERCIAL GENERAL LIABILITY C156134436 10/01/99 10/01/00 I FIRE DAMAGE (Anyone fire) IS50,000 i CLAIMS MADE [!] OCCUR I MED EXP (Anyone person) IS5,000 ~ XCU I PERSONAL & ADV INJURY Is 1,000,000 I GENERAL AGGREGATE IS2,000,000 ~ X Contractual GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGGlu$ 2,000, 000 I POLICY GCljfg-i n LOC I U . u I AUTOMOBILE LIABILITY . I COMBINED SINGLE LIMIT 1$1,000,000 - A ...!. ANY AUTO C156134422 10/01/99 10/01/00 (Ea accident) X ALL O'M/ED AUTOS I BODILY INJURY 1$ - X SCHEDULED AUTOS (Per person) - ...!. HIRED AUTOS , BODILY INJURY 1$ X NON.OWNED AUTOS (Per accident) - X Comp $500 Ded. I-PROPERTY DAMAGE 1$ ~ X ColI. $500 Ded (Per accident) GARAGE LIABILITY I -I I AUTO ONLY - EA ACCIDENT I $ 9 ANY A~JTO I OTHER THAN EA~CC 1$ AUTO ONLY: AGG I $ I EACH OCCURRENCE ---------...--- ~,ss "'",UN 1$5,000,000 A X,. OCCUH 0 CLAiMS MADE C156134419 10/01/99 10/01/00 fAGGREGATE l!.5, 000,000 I 1$ DEDUCTIBLE r i$ I 1$ . n RETENTION $ I A I ~~"'o"''';''n''''~o ---T~l/" [ Iwe STATU.J. IOTH'I X TORY LIMITS... ER A EMPLOYER~' LIABILITY WCC162846957 10/01/00 I E.L. EACH ACCIDENT I $ 5 () 0-, Q-O 0 'H ~ DISEASE__EAEMPLOYE~ $ 500,000 I E.L DISEASE. POLICYUMIT I $ 5 0 -O~-OO 0 OTHER A Leased./rented C156134436 10/01/99 10/01/00 Limit $100,000 Equipment Oed. $1,000 DESCRIPTION OF OPERA T10NSlLOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I I I I I I I I I I I CERTIFICATE HOLDER IN' ADDITIONAL INSURED; I~U~R LETTER: ~ AUGUCOM CANCELLATION I I Augusta Commission Purchasing Director Room 60S, Municipal Bldg. 530 Greene St. Augusta, GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. c-CCb-- ~ 11 c ~ 1.::;iJ . - - ACORD CORPORATION 1988 I , ACORD 25-5 (7/97) I I' I I I I I I I I I I I I I I I I BID BOND KNO\N ALL MEN BY THESE PRESENTS. that we, the undersigned, GRAVES DRILLING SERVICES as Principal, and RELI_~CE INSllRANCE cbM.EAN'J'ls Surety, are hereby held and firmly bound unto Augusta CommIssion, as O\M1er in the penal sum of ~ (lOZ) OF for the payment of V\Itlich, vvell and truly to be made, ..ve hereby jointly andSJ.everaNyoind ourselves. our heirs, executors. administrators. successors and assigns. Signed. this 10TH __ day of FEBRUARY ,2000. The condition of U19 above cbligati:Jn IS such that whereas the Principal has submitted te thE; .A.ugusta Commission a certain Bid, attac~9d 11eretoand hereby made a part hereof to emsr into a contract in '~vriting for.the COl1stiu'ction of U'I:tle Spirit Creel, Weiffield. NOVv. THEREFORE,' (a) If said 8idshall be rejected. or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form o-f Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bend for his faiL"lful performance of said contract and for the payment of. all persons performing labor or furnishing materials in connection therewith, and shall in all other i8SpactS perform the agreement created by the acceptance of said Bid, lhen this obligation shall be 'loid, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and a/l daims hereunder shall. in no event, exceed the penal amount of this obligation as herein stated. The Surety. for vallie received, hereby stipulates and agrees that the obligaiions or said Surety and its Sond shall be in no 'l4vay impaired or affected by any extension of the time within ~lhtch the O\Nl1sr may accept such Bid; and said Surety does hereby 'Naive notice of any such extension. IN ~TNESS WHEREOF, tbe Principal and the Surety have hereunto set these hands and seals, and such of tham as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by t11eir proper officers, the day and year ..fJrst set forth above., ' , , . Gtl~ . /l..(LLltV~SI2.I/I'-eS, ENe L.S. JAmES g, B /2. A I-J e. t<I 'Pf2c-s '0 ~ AJ r REL.IANC..E__1NSURANCE COMP A};"Y (Suro SEAL By IMPORT.A.NT:. . Sur~ty co~panies executing bonds must appear on the Treasury Department's most currem lIst (Circular 070 as amended) and be authcrized,to transact business;in the state where the project is located. . . . BB-i . ,::I . . RELIANCE SURETY COMPANY UNITED PACmC INSURANCE COMPANY ..>'-,.' ..- J:' ..10:.010:,...... ~-;iojJ ,,' ....;h~; ~"~1~-/: RELIANCE INSURANCE (:.=.~... RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRA TIVE OFFICE. PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of -=- aware. and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ar. corporation. au;., gry..ni~.... ..,...:lar :~: " of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a.corporation duly organized under the law. (lJ the State of Wiscon.in (herein collectively called -the Companies-) and that the Companies by virtue of signature and Ileal. do hereby make, constitute and appoint Sharon Q. Dixon. Dougl_ R. JonMon. John P. Ungaf.rd. Rlchlll'd A. Oazllwey, Robert N. R~~!:!!de, !~~ ~;III::'~ LI..Il"'ft7'-- . .w... of Atlanta, Georgia their true and lawful. Attorney(sHn-Fect, to make, execute. ,se. and deliver for and on their' behalf, and as their ...,. deed any and aN bonda and undertakinga of lur.r,.hlp and to bind the Companies thereby es fully and to the same extent as if :;;.;d; ':::::-:-~= undertakings snd other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies end seeled and Dua..'.... uy one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY ~.:....; RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY. and RELIANCE NATIONAL INDEMNITY COMPANY provisions are now in full force and effect, reading as follows: ARTICLE VII . EXECUTION OF 80NDS AND UNDERTAKINGS I. The 8_d of Direct.... !he Pr.-iclent. lhe Chairm... of the 80_d. ..., s.nior Vice Pr.-iclent. ..., Vico Prmidont or A8i1iment vi... FT--.. ... -;; - _:~- ~':":.__..:c.: ~. Dlrectora ..,.... have pow_ .rid eumority to I'. .,.,oint AnorrwylIH"..Fecr .., to art:t'Ioriz. n.n to execute on behetf of the c~. bond8 rd: \.I"ldeI111UnQ:e, recognizwu:... I;gnUAiiI v: ;,..i-n.....,.,. _ _ wrltinge obIlv.ory in !he n8tUN rtweof. _ Ibl to r......... ..., ....,n Anonwyl.H~F_ . "" time _ r........ tho ....w_ _ euthority Viv.. to tlwft. 2. AttorneylaHn-Fect lhafl haw pow~ Ind ~tv. aubioct to the term. and limitatiON of the Pow. of AnOf'fWY iciuad. to tNm. to cxe=..'te de!!'fe!" "" behelf of t~ C~~. "- Ind undert.ungtl, recOQniz~. contrKta of indemnitY and other writincr-. otMigatorv in the n.etUte ttweo'. The cOfPOfate .... io not necaaary 'or the .,.iQily' ur ..'i ::::-:.~: _.:. r.cogniz_. COntrecta of indemnity _ otlwr writinge oOIig.rory in !he ".... thereof. 3. An_(II~~F_ oNIl ".". __ .... euthority to exilCUt. effidevita required to be Ittechlld to bordo. recOClniz_.. ContTecta of indemnity or otlw' conditiONll or """"Z"""" undertakinge end they ""'" _ ,...... ....w. _ euthority to certify the linenci.. .r._ of the Comp..., end to cOlliool of the 8'1'-1._. of the Comp..., or ..., eni... or Motion rtweof. Thi.Paw.. of Attorney ia -*ailed rid..tIIed by facaimi6e t.nNr and byeuthority of the 'oUowiro r.oIUlion "ooted by the uocutivelJlWJ' Rn.1c8 Commm... gj ii-. DV_~ \or: ::;:.--..;.;,;,.:. w: ;"'~;_.- 1....__ Comp...,. Umod Pecilic I,....... Comp..., _ Rlli__ NltiONll IndernrVty Company by Unanim.... Corwa'It d.od .. 'of Fobruery 2S. 1 ee. - by lhe ex.cutiv. - Rnona. Committ.. of the Bo_d of Direct.... of Reli..... Surety Company by Unenim.... C...-u doted .. of M_ch 31. 1 eM. -_eel th. the oignatur.. of ouch direct.... _ offiCeno _ the .... of the Company me., be offurod to ~ _ P__ of Anor....y '" ..., ceniflc... ,lilting rtweto by lec:8;mile._ ..., ouch P__ of Anonwy or certiliclte beering ....,n lecoimile 1ignatU'.. or lecoimile .... _ be v"id _ binding ""on the Comp..., - "" ....,n P_- 00 .xecuted _ certified by lec:aimile 1iQn&tU'_ _ lecoimile .... el\ell be .....id _ binding ,-",,"!he Compeny, in the M\6o wi1n ,_ct to "" bond '" undertaking to wt'ich it ie mechod. . IN WITNESS WHEREOF, the Companies have causad these presents to be signed and their corporata seals to be hereto affixed. this Msy 1999. On this, May 17. 1999, bafora me, Valencia Wortham, personallyappaared David T. Aken.. who acknowledged himsalf to be the Senior -- Prasidant of the Relianca Suraty Company. and the Vice Prasidant of Ralianca Insuranca Company, United Pacific In5uranee Company, - Reliance National Indamnity Company and that as such, baing authorized to do SO. executed tha foregoing instrument for the purpose therein . contained by signing the name of the eorporation by himself as its duly authorizad officer. I~hw!tness whereof. I hareunto set my hand atld official seal. STATE OF Pennsylvania COUNTY OF Philedalphia ~ 5S. Notarial Seal Valencia Wortham, Notary Public Philadelphia. Philadelphia County My Commission Expic96 Nov. la, 2000 RELIANCE SURETY COMPANY RELIANCE !!'!SU!LAJ'!'CE ''::':::c:::-,_ UNITED PACIFIC !NSD!,_.6._i>!CE '- -, .= -- .zr;.::J'U<D?~~~~ ~ j;kn~ 'W~~~ Notary Public in and for the State of Penneyl"!!!"!!! Residing at Philadalphia I. Anita Zlppert, Sacratary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY. ;,,-~ RELIANCE NATIONAL INDEMNITY COMPANY do hereby cartify that the above and foregoing is a true and correct copy af the Power of ."::, axecuted by said Companias. whieh is still in full force and affect. " .. IN WITNESS WHEREDF, I haw '.mu"'. ,., my ..... .... .ffi,od tho ,..I, .f ..Id C."",..." ,"" JS)JlIiv ;;;:"U~'.: ~oo Sacretary ~ , . . . t ~ .""1 . , :.-_ TT . ''lI.'I~_~..''''J1I....l.'. :I- I I I I I I I I I I I I I I I I I I I NOTICE OF AWARD TO: GRAVES DRILLING SERVICES PROJECT DESCRIPTION: Little Spirit Creek Wellfield The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement fo'r Bids and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $745,099. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of ,2000. BY: TITLE: ACCEPTANCE OF NOTICE day of Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ ,2000. BY: T~TLE: NA-I I I I I I I I I I I I I I I I I .1 I I AGREEMENT THIS AGREEMENT, made on the/4/ day of j ,..iJ.J/JU-tJA , 2000, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA COJ7MISSION, party of the first part, hereinafter called the OWNER, and GRAVES DRILLING SERVICES, INC., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of th~ work shown 6n the plans and described in the specifications for the project entitled: ' Little Spirit Creek Wellfield and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. A,RTICLE 11- TIME OF COMPLETION - LIQUIDATED DAMAGES , The \M)rk to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner orthe Contractor to proceed. All work shall be completed within 120 calendar days With all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall bt~ prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the \M)rk described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two Hundred & No/100 ($200.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. A-I I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE 11I- PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (8) Progress Payment On no later than the fifth day of every mpnth, the Contractor shall submit to the OwnerA:s Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, hewill promptly issueafinal certificate, over his own signature, stating that the work required by this Contract has been completed and is ac:cepted by him under the terms a'nd conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (8) Before final payment is due, .the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills; and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated' incases where such payment has not already been guaranteed by surety bond. A-2 I I I I I I I I I I I I I I I I I, I I (C) The making and acceptance of the final payment shall constitute a \Naiver of all claims by the Owner, other than those arising from unsettled liens, from faulty \NOrk appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except' those previously made and still unsettled. (0) If after the \NOrk has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the \NOrk fully completed and accepted. I Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a \Naiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in four (4) counterpart$,.~-.(~which shall be deemed an original, in the year and day first mentioned , b ",,-- /~ ON/)~\__ '. a ove. "'" "t'" ,,0.0...... C .1> g ~ .0 "0 o~ v'" If';;' .. .. 'oJ.."'~ tiff o. ..'S ... .... ~ (SEA ~ l $1 ' ' ..~ .L. ~ o '''<l-~~' · . ~ A IT l' g' : - <4 . . o. .. ..., ~ { 6 ,'" , 0 ,....., ~ \ ~r- 0 ~'1, AU cfY: J .,.a' .:,r-;,r:::~~ ~..~ -pFp, ~,~ ~ 1> 'Y."'. ,~, ~ ~\~'..' - \ .~ .~ .~ ~ ~~::~~.~7-::P ~ * ~~. ~. . -J "'" "'~ .~ ~. -".:7._.~ ~ _r~~-~/~'~ '"bo .~ ~r'~....... ..~'~._ ~ ~:: (Sc.'1.'11S. > ~ '.. - :::: ~,~~ '~-'i-L.' E~~ ;;;.~ ~ i~:rfE ':r. ~~:::: ~. ~.,.~,~~,~, - '- g;,.,' , .:", ?~~~,,'!lo ~ ....r!~... .,f ~ ~ "a.I .,. ,r.. 'Cl~../ ..: ~ ~ ~_.~~..-:~ ~'"+.' ~'i). '.' ....., ~~ Sec~etalY'~ =~4~ SERVICES, INC. By: Ai {!. 1-1 Asi Address: 1 '7 ~ 4 ;J fOAl (c. ~ 141> JR tl< 5 tJ ,vi .s <!. OJ. 9 i 3 I A-3 I AIA Document A3l2 BOND #B2489090 I Performance Bond I Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. I CONTRACTOR (Name and Address): GRAVES DRILLING SERVICES, INC. 7724 ATOMIC ROAD JACKSON, SC 29831 I OWNER (Name and Address): AUGUSTA COMMISSION PURCHASING DIRECTOR ROOM 605, MUICIPAL BLDG., 530 GREEN' STREET . AUGUSTA, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $745,099.00 I I SURETY (Name and Principal Place of Business): RELIANCE INSURANCE COMPANY THREE PARKWAY PHILADELPHIA, PA 19102 I Description (Name and Location): LITTLE SPIRIT CREEK WELLFIELD, 4 NEW PRODUCTION WATER WELLS, BID #99-159, RICHMOND COUNTY, GEORGIA BOND Date (Not earlier than Construction Contract Date): Amount: $745,099.00 I Modifications to this Bond: I CONTRACTOR AS PRINCIPAL 77: Company: GRAVES D~ILLiNG SER CES (Corporate Seal) INC. ' //-j J Signature: / ~ . . NameandT;'.lig~M vi413I{A1V~H - 'PRGSIDEAJT (Any additio9al !-:ign res~p ear on page 2.) (FOR INFOlt ON 0 Y - Name, Address and Telephone) AGENT or BR KER: MERRITT & MCKENZIE, INC. 3715 NORTHSIDE PKWY, NW, STE 400, ATLANTA, GA 30327 - (404) 266-7160 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: ' I I I I I I 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that' the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than tifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to I I I SURETY 5026 16.92) S.1852/GEEF 7196 Page 1 of 2 ~ None o See Page 2 SURETY Company: RELlAN (Corporate Seal) COMPANY Signature: Name and T ICHAR ATTORNEY-IN-FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formaHy terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the foHowing actions: (Space is provided below for additional si~.Qf.~dded parties, other than those appearing on the CONTRACTORASPRlNCIPAL ~ SURETY Company: (Corporate Seal)--C-omp~ 4.1 Arrange for the Contractor, with consent of the, Owner, to perform and complete the Construction Contract; or , 4.2 UnrJertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performancc and completion of the Construction Contract, arrange for a contract to be prepared for' execution by the Owner and the contractor selected .with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting fr.om the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contraetor's right to eomplete the Construction Contract, and if the Surety eleets to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by, the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICA nONS TO THIS BOND ARE AS FOLLOWS: Signature: Name and Title: Address: . ~...-/"..--- ~..~~ --- ----- S,1852/GEEF 7/96 7 The Surety shall not be liable to the Owner or others for obligation~ the Contractor that are unrelated to the Construction Contract, and = Balance of the Contract Price shall not be reduced or set off on account 01 any such unrelated obligat.ions. N'o right of actiofi shall accme Ofi this BOllll to any person or entity other than the Owner or its heirs, c.:,::':',-,:~,.- administrators or successors. - 8 The Surety hereby waives notice of any change, including changes ot time, to the Construction Contract. or to related subcontracts, purchas~ orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may ~..: .... in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the COnuador \;t:i1:St:u ' or within two years after the Surety refuses or fails to perform obligations under this Bond, whichever occurs first. If the provisions ofmTS Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall . 10 Notice to the Surety, the Owner or the Contractor shall be :n::l:!ed delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory u other legal requirement in the location where the construction was to - performed, any provision in this Bond conflicting with said statutory legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond ;md as a common law bond. 12 DEFINITIONS 12:1 Balance of the Contract Price: The total amount payable .. the Owner to the Contractor under the Construction Cunir'dl:;i ilflt\ proper adjustments have been made, including allowance to on_ Contractor of any amounts received or to be received by the Owner in settlement of insurance or, other claims for damages to which the Contractor is entitled reduced by all valid ilm11'1U1't:\ ..c....._..:c to or on behalf ofthe 'Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all ('nntT;lt"t Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which :.~ neither been remedied nor waived, to perform or otherwise to comply with the terms ofthe Construction Contract. 12.4 Owner Default: Failure of the Owner, which has lIt:iu\t:\ . remedied nor waived, to pay the Contractor as required by ....- Construction Contract or to perform and complete or comply with the other terms thereof. (rnrnnr~tp c:. '--"'r---.- -- ~~~.~-,~ . ~'-.. ,.,~.. ........... 19nature: Name and Title: Address: ----- '-- '-.~- Page 2 of 2 I AIA Document A3l2 BOND #B2489090 I PaY.ment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where I CONTRACTOR (Name and Address): GRAVES DRILLING SERVICES, INC. 7724 ATOMIC ROAD JACKSON, SC 29831 - . ~b\ I I OWNER (Name and Address): AUGUSTA COMMISSION PURCHASING DIRECTOR RM 605, MUNICIPAL BLDG., 5K30 GREEN STF~EET AUGUSTA, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $745,099.00 I I SURETY cName and Principal Place of Business): RELIANCE INSURANCE COMPANY THREE PARKWAY PHILADELPHIA, PA 19102 I Description (Name and Location): LITTLE SPIRIT CREEK WELLFIELD, 4 NEW PRODUCTION WATER WELLS, BID ITEM #99-159, RICHMOND COUNTY, GEORGIA BOND Date( Not earlier than Construction Contract Date): Amount: $745,099.00 I Modifications to this Bond: I CONTRACTOR AS FRINCIPAL Company: GRAVES DRILLING S INC. ICES, (Corporate Seal) I Signature: Name and Title: JA f ;1<, 73 R-.A NC.H - 'P j<E 5 I De AJI (Anyadditi bal . latur9'&ppear on page 2.) (FOR INF ~ TION.ONLY - Name, Address and Telephone) AGENT or BROKER: MERRITT & MCKENZIE, INC. 3715 NORTHSIDE PKWY, NW, STe 400, ATLANTA, GA 30327 (404) 266-7166 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. I I I I 2 With respect to, the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for. use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. I I I I SURETY 5026 (6-92) S.1853/GEEF 6/96 Page "of 2 ~ None SURETY Company: RELIANCE INSURANCE COMPANY o See Page 2 (Corporate Seal) Signature: Name and Title: CHARD A. GAZ ATTORNEY-IN-FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for-all sums due. ' 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the'name of the party to whom the materials were furnished or' supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or m part from the Contractor. or not rcceived within 30 days of furnishing thc al>ove notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having bcen paid within the above 30 days, have scnt a written notice to the Surety (at the address. described in Paragraph 12) and sent a copy, or notice thereof, to thc Owner stating that a claim is being made' under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owncr to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at thc Surety's expense take the following actions: . 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the ContraCtor and the Surety under this Bond, subjeet to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the 'Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICA nONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parti CONTRACTOR AS PRINCIPAL Company: , Signature: Name and Title: Address: ' S.1853/GEEF 6/96 Page 2 of 2 ~ the work or part of the work is located or after the expiration of one _ from the date (I) on which the Claimant gave the notice ~~~:.::._,:v Subparagraph 4..1 or Clause 4.2.3, or (2) on which the last labor or ~..k was performed by anyone or the last materials or equipment were filrnic.b.o. by anyone under the Construction Contract, whichever of (I) or (2) occurs. If the provisions of this Paragraph are void or prohibited by . the minimum period ,of limitation available to sureties as a defense in th jurisdiction of the suit sliall be applicable. 12 Notice to"the Surety, the Owner or the Contractor shall Ill; delivered to the address shown on the signature pagc. Actual 1"'':''';1'' "- notice by Surcty, the Owner or the Contractor, however iiLL'-jiiii'j:;~h"j shall be sufficient compliance as of the date received at the addr.:s; , on the signature page. 13 When this Bond has been furnished to comply with a statutory or otnc legal requiremcf1t in the location where the construction was to <- performed, any provision in this Bond conflicting with said ~L" .L legal requirement shall be deemed deleted herefrom and - conforming to such statutory or other legal requiremcnt shall be d..rnWI . incorporated herein. The intent is that this Bond shall be construed as statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a, ' beneficiary of this Bond, the Contractor shall promptly furnish a copy 0 this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 'Claimant: An individual or entity having a direct contrac with the Contractor .or with a subcontractor of the Contractor i, furnish labor, materials or equipment for use in the ;n. ~... ...-.oo . the Contract.. The intent of this Bond shall be to include limitation in terms "labor, materials or equipment" that part of water gas, power, light, heat, oil, gasoline, telephone service or r"'l"If" equipment used in the Construction Contract, arehiteetural engineering services required for performance of the work of Contractor and the Contractor's subcontractors, and all othef:~"""- 'C: which a mechanic's lien may be asserted in the jurisdiction ".:'':i':' ;:" labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the r: and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which hilS li",iLi"" . remedied nor waived, to pay the Contractor as required by Construction Contract or to perform and complete or comply with the other terms thereof. rrnrnnr<ltp ~. ,,-......1"-..-..- I ~::~,,~::;,0l:;-~~&.J~:7~~YZf~;,l~:\U1i~;;,~~;j;;ia).-;dg~f&-\M~::r't~Y;:?a~~fj~llcl.J~bJ~~'~.I~~~ ~ J, ~~Lii..l;;jf~'I~{~~J~;j.!;.~. :~~~;,., ,~~;~;'::~~:~'1~~!~~~;'~~: '~'~H RELIANCE SURETY COMPANY UNIT::D PACIFIC INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS" thllt RELIANCE SURETY COMPANY il II corporlltion duly organized under the fllWI of the Stllte of DeI~ aware, end that RELIANCE INSURANCE.COMPANY II~. UNITED PACIFIC INSURANCE COMPANY, are corporatione duly organized under the lawe of the Commonwealth of Pennevtvania and that RELIANCE NATIONAL INDEMNITY COMPANY il a corporlltion duly organized undlr the lewe of the State of Wi.conlin (herein collectively called -the Companies-) and that the Companiee by virtue of signature end leal I do hereby make, constituto and appoint Sharon G. Dixon, D~igl.. R. JohMon, John P. Lenpf.'d. Richard A. Gazaway, Robon N. Aeynoldl, Sam Phi1\1pe McKenzie. Jr.., of Adanta, Georgia their trullllnd lawful Anornlly(s)-in-Fact, to make, executll, seal end delivllr for and on their behalf, and III their IIct IInd deed any and aU bondl end undenaklnp of luratylhlp and to bind the Companies thereby al fully and to the same extent al if luch bond I and undertakingl IInd other writingl obligatory in the nature thereof were signed by IIn Executive Officer of the Compllnies and sealed IInd IInelted by one other of such officers, and hereby retifies IInd confirms ell that their said AnorneY(I).in-Fact mllY do in pursullnce hereof. This Power of Anorney II granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE: INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, IInd RELIANCE NATIONAL INDEMNITY COMPANY which provisionll lire now in full force and effect, reading al follows: I I I I I RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PEN,NSYLVANIA POWER OF A'ITORNEY ARTICLE VII. EXECUTION OF BONDS AND UNDERTAKINGS 1. Th.Bowd of Diledon. 1M Preeldenl. tt..' CMi,",,, of 1M B_d. wry s.nior Vi.. Preeldenl. wry Vi.. Preeident or __ Vi.. Pr-.r or othw offi.. deoiG_ed by the B_d of Directon ahatl ....,. pow. ond .-ity to Ie' _oint AttomeylaHn-Fect ond to 1Uthoriz. u.n to .xecute on beNlf of 1M Com"..." bonde ond "'-'ekinge. '...ooni..n.... c_acta of i.-..rity ond _ writlnoe oIIIlootory In 1M MlUN _.of. ond lblto r....ov. wry oUch AttorneylaH".Fect et ..., 11.- ond ,........ 1M power ond .-ity given to u.n. I 2. AttorneylIHn-Fect oNIl heve pow.. ond euthority. oubject to the terml ond Iimitotlorw of 1M Pow.. of Attorney _ to them. to execute deliver on beNlf of the Com"...,. _ end undertlkingo, rec:ooniz...... contracta of indemnity ond _ w,itingo oblloetoryin tt.. _".Iher.of. The corporet..... Ie not -wv for 1M v"idity of ..y _ end und.-tlkingo. ''''OOniz_, __ of Indemnity ond _ writingo oblloetory in the _... ther.of. I 3. AttomeylaH".Fect Iholl ....,. power ond lUlhority to .xecut. offld...ill ,........ed to be Ilteched to bondI. ,.cooniz_. contr_ of indemrity or othir conditlonol or obligetory undertekinge In they oNIl oleo hey. pow. ond lUlhority to certify the II........ etet..-.t of the Compwry ond to copieo of the By-L_. of 1M Compwry or ony wticle or ..ellon thereof. . ~..:. ThII Power 01 Attorney ie oigned ond eaIed by f..smile under ond by outhority of tt.. following r..oIution edopted by 1M Executive ond F"onenc:e Committ_ of 1M Bowda of Directon of Reli.... I........ Coo,,_, United Peciflc I........ Compwry ond Reli.... Netionol I.-..rity Com"..., by UMnim_ C...-...t deted .. of f'ebruwy 2S. lS94 ond by 1M Executiv. end A....... Committ.. of 1M Bowel of Dlrecton of Reli.... SU'ety Com"..., by Unenim_ C...-.t deted.. of Mwch31, 1884. I "Reaolved !Nt 1M oignetur.. of ouch directon ond offlcere ond 1M .... of 1M Com"..., mey be I!fiXed to ..y ouch Power of Attorney or wry certificet.. ,e1eting thereto by feclllmile.ond wry ouch Power of Attorney or certificltll burlng ouch f..smile oigNltunle or f..smile ... oNIl be vllid ond binding upon the Compony end ony ouch Power 10 "".cuted ond certified by f..,.;mile oignetUr.. ond f..smile .... oholl be v"ilI ond binding upon 1M Com_, in the ful\6. with ,~ to wry bond or undertlking to which it Ie Gtttiched. " ' . I IN WITNEl;S WHEREOF, the Companies have caused these presants to ba signed and their corporate seals to be herato affixad, this MllY 17, 1999. i I i I On this, May 17. 1999, before me, Valencia Wonhem. personallyappaarad David T. Aka,., who acknowledgad himself to ba tha Sanior Vice I Prasidant of the Raliance Surety Company, and the Vica Prasident of Reliance Insurance Company, United Pacific Insuranca Company, and I Reliance NBtional Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein como;..... bV "","no th. ...... of th. cO""","on bV rom.." .. ;to dulV .uthori,'" oflic". .' ,...." . h I' In witness whereof, I hereunto set my hand and ,official saal. _ jili,nW'- W~ I Notary Public in and. for the State of PannsyJvan;a, I Residing at Philadelphia' ' I, Anita z1ppen, Sec'retafv of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that tha above and foregoing is a true and correct copy of the Power of Anornay executed b'f saidCompanias, which is still in full forca and effect. . . I I I STATE OF Pennsvtvania COUNTY OF Philadalphia I \ ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNiTED PACIFIC INSURANCE COMPANY REL5C;:::YNATIO. N INDEMNITY COMPANY ~. , . . ? I Notarial Seal Valencia Wortham. Notary Public Philadelphia. Philadelphia County My Commission Explree N()IIt. 18. 2000 I I I I : . o .Secretary . . ' . hi I. I I I I I I I I I I I I I I I I I I NOTICE TO PROCEED ,TO: GRAVES DRILLING SERVICES, INC. DATE: PROJECT: Little Spirit Creek Wellfield You are hereby notified to commence work in accordance with the Agreement dated , 2000, within Ten (10) calendar days following this date, the date first written above, and you are to complete the work within One Hundred Twenty (120) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore 2000. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted em this day of ,2000. BY: TITLE: NP-l I I I I I I I I I I I I I I I I I I I WORK CHANGE ORDER Order No.: Date: Contract Date: NAME OF PROJECT: Little Spirit Creek Wellfield OWNER: Augusta Commission CONTRACTOR: Graves Drilling Services, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: JUSTIFICATION: Original CONTRACT PRICE: $745,099 Change to CONTRACT PRICE: The new CONTRACT PRICE including this and previous CHANGE ORDERS will be: Si The CONTRACT TIME will be (increased) (decreased) by _ calendar days. Requested By: (Owner) (Date) Accepted By: (Contractor) (Date) Recommended By: (Engineer) (Date) CO-I I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS INDEX ARTICLE DESCRIPTION GC PAGE #'S 1 Definitions 1 - 4 2 Preliminary Matters 5-6 3 Contract Documents; Intent, Amending, Reuse 7-8 4 Availability of Lands, Physical Conditions; Reference Points 9 -11 5 Bonds and Insurance 12 - 15 6 Contractor's Responsibilities 16 - 22 7 Other Work 23 8 Owners Responsibility 24 9 Professional's Status During Construction 25 - 26 10 Changes In The Work 27 11 Change of Contract Price 28 - 31 12 Change of Contract Time 32 13 Warranty and Guarantee; Tests and Inspections: Correction, Removal or Acceptance of Defective Work 33 - 36 14 Payments to Contractor and Completion 37 - 41 15 Suspension of Work and 'Termination 42 - 43 16 Dispute Resolution 44 17 Miscellaneous 45 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS ARTICLE I- DEFINITIONS . VVllerever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda Any changes, revisions of clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Alpplication for Payment The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup-porting documentation as is required by the Contract Documents. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. B'onds Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions. the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract. together with all amendments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 or after the Effective Date of the Agreement. Contract Price The moneys payable by OWNER to CON-TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta Commission, and its authorized designees, agents, or employees. GC-l . - Day Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday that day will be omitted from the computation, Legal Holidays: New Years Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. Field Order A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements Sections of Division I of the Specifications. Laws and Regulations: Laws or Regulations Laws, rules, regulations, ordinances, codes and/or orders. Notice of Awanl The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, \Nithin the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER Augusta, Georgia, and the Augusta Commission. Partial Utilization Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. Professional The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Project The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. C-'c- 2 I I I I I I I I I I I I I I I I I I I Jr2roject Area The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Jr2r0ject Manager The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. J'~esident Project Representative The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. Shop Drawings All draWngs, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion ofthe Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman-ship as applied to the Work and certain administrative details applicable thereto. Subcontractor An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions The part of the Contract Documents which amends or supplements these General Conditions. Supplier A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. OC-3 Worle The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the - Contract Documents. Worle Directive Change A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequenlly issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. GC-4 I I I I I I I I I I I I ,I ! i I I I I I I I ~ ~ ARTICLE 2. PRELIMINARY MATTERS Delivery of Bonds: 2.1. \Men CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Co~esofDocumenm: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be ~Jiven at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in \Miting to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any VVork affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known, thereof. 2.6. Wthin ten days after the Effective Date of the Agreement unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items alggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each a.dditional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project Manager, Professional and others as appropriate will be held to establish a working understanding among the parties as to the GC-5 Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Rnalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules.. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion iMthin any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor, The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-6 I I I I I I I I I I I I I I I I I I I ARTICLE 3 . CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. \M1en words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents)and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation ofthe provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding VJith the Work affected thereby shall obtain a written interpretation or clarification trom PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Almending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal W"itten Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or 3.6.3. a Work Directive Change (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Witten Amendment. 3.7. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or CIC-7 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any thereon prepared by or bearing the - seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or ~ other documents (or copies of any thereon on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and ~pecific written verification or adaptation by PROFESSIONAL. GC-8 I I I I I I I I I I I I \1 i I ~ ~ I I ! I ! I j I I ARTICLE 4. AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entiijement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those 'reports of explorations and tests 'of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data. interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. C-rC-9 Physical Conditions-Underground Facilities: . 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents 'Nith respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3.1.2. The cost of all of the follo'Ning 'Nill be included in the Contract Price and COf\ITRACTOR shall have full responsibility for revie'Ning and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work with the OWNERs of such Underground Facilities during construction. for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and,which COf\ITRACTOR could not reasonably have been expected to be aware of, COf\ITRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL 'Nill prompfly review the Underground Facility to determine he extent to which the Contract Documents should be modified to reflect an d document the consequences of the existence of the Underground Facility, and the Contract Documents 'Nill be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. COf\ITRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which COf\ITRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and'12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed 'Nith the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. COf\ITRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous.Waste or Radioactive Material: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum; Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Dra'Nings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by COf\ITRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). O\J\INER shall promptly consult with PROFESSIONAL concerning the GC-10 I I I I I I I I I I I I I I I I I I I necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any, CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment; if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. ' COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste Of Radioactive Material uncovered or revealed at the site. OC-11 ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherNise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance: 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shaH deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; GC-12 I I I I I I I I I I I I I I I I I I I 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained lot the certificates or other evidence thereof) shall contain 81 provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one veal thereafter. Contractual Uability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability , insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. Ownets Uabi/ity Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance. and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of tire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property Oncluding but hot limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OVVNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OVVNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIQNAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.a. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the GC-13 coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OVVNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OVVNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Witten Amendment. Prior to commencement of the Work at the site, OVVNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OVVNER. Waiver of Rights: 5.11.1. OVVNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OVVNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OVVf\JER as trustee or otherwise payable under any policy so issued. 5.11.2. OVVNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant OVVNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OVVNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OVVNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Witten Amendment. Receipt and Application of Insurance Proceeds: 5.13. OVVNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OVVNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OVVNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. GC-14 I I I I I I I I I I I I I I I I I I I Acceptance of Insurance: 5.14. If OWNER' has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not Gomplying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such c:ertificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. I'artial Utilization-Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification: 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any . ' 'way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC- 1 5 ARTICLE 6. CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the \fI.brk competently and efficiently, devoting such attention - thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solelyresponsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to O\1VNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment ' 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening ~rk or the performance of Work on Saturday, Sunday or any legal holiday without O\1VNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no pro-vision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally - to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or_Equal" Items: 6.7.1. Wlenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, C-.c-16 I I I I I I I I I I I I I I I I I I I function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, Gertifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OVV'NER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OVv'NER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respectto any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes ;n the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute. CONTRACTOR shall reimburse OVIINER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization Oncluding those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2). whether initially or as a substitute, algainst whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any ofthe Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity ofcertain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment} to be submitted to OWNER in advance of the spedfied date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereofin accordance with the Supplementary Conditions, GC-17 OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objection In the bidding documents or the Contract Documents} of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due Investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price \Nill be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OVVNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OVVNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor \Nill be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and hold harmless OVVNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or copyrights incident to the use in the performance or the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Pennits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated\Nith the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance ofthe Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. GC-18 I I I I I I I I I I I I I ,I I . I ; I :1 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of \NOI1<ers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR Hhall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any I,and or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance ofthe Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses Oncluding, but not limited to, fees of PROFESSIONAL's, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, clppliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CtC- 19 CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or joss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. . CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OV'vNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property, All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization direclly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifica~ons or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either ofthem may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Workshall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage; injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change In the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the c-.c- 20 I I I I I I I I I I I I I I I I I I I approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. Atthetime of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required rlUmber of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff. Any delays associated IlVith the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific IJIITitten notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reason-able promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, tl9chniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. No Work requiring a submittal or sample submission shall commence until the submission has been 8lpproved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Manager staff. Any delays 8lssociated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. . 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given IJIITitten approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.29. \Mere a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor . CJC-21 Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in wilting. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a)is attributable to bodily injury ,sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is causedin part by a party indemnified hereunder or arises by or is imposed by law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. C-rC-22 I I I I I I I I I I I I I I I I i I ; I i i I I ! ARTICLE 7 . OTHER WORK Related Work at Site: 7.1. OVVNER may perform other work related to the Project at the site by OVVNER's own forces, have other \/Vork performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice th~eof vAil be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OVVNER, if OVVNER is performing the additional work with OVVNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct contracts between OVVNER and such utility owners and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OVVNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other worle Coordination: 7.4. If OVVNER contracts with others for the performance of other work on the Project at the site, the person or organization who vAil have authority and responsibility for coordination of the activities among the various prime con-tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC- 23 ARTICLE 8 . OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. O\NNER shall furnish the data required of O\NNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. O\NNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. O\NNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. O\NNER is obligated to execute Change Orders as indicated in paragraph 10.3.. 8.7. O\NNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with O\NNER's right to terminate services of CONTRACTOR under certain circumstances. CJC-24 I I I I I I I I I I I I I I I I I I I ARTICLE 9. PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. PROFESSIONAL will be OVVNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OVVNER's representative during construction are Bet forth in the Contract Documents and shall not be extended without written consent of OVV'NER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OVVNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OVVNERinformed ofthe progress of the Work and will endeavor to guard OVVNER against defects and deficiencies in the Work. "roject Representation: 9.3. If OVVNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interptetations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, vl/hieh shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. Thesemay be accomplished by a Field Order and will be binding on OVVNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. GC-25 Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a whiten'decision thereon (by recommendation of an Application for Payment or - otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred - initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time, Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL. allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. Wlen functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making ~ or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherWse have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Umitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. C-,c- 26 I I I I I I I I I I I I I I I I I I I ARTICLE 10. CHANGES IN THE WORK 10.1. Mout invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a \Mitten proposal for the c:hanged work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which (:ase CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 7. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed. Work performed in an emergency as provided in Article 6,and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a \Mitten Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approvaL . 10.4. In the absence of an agreement as provided in 11.1.3, OVIINER may, at its sole discretion issue a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 12.1.3. The Work Directive Change Vvill specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directive. 10.5. CONTRACTOR shallproceed diligently Vvith performance ofthe Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in \Miting. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ~ncluding, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. CJC-27 I . - ARTICLE 11 . CHANGE OF CONTRACT PRICE ... 11.1. The Contract Price constitutes the total compensation (subjectto written authorized adjustments) payable - to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by - CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Witten Amendment. Any claim for - an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entified as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined - . by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on - the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Freid Measure) CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such -- items is based upon the application of unit prices to the actual quantitiesof items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OV\INER that an addition, deletion, or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. GC-28 I I I I I I I I I II I i I I I Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security c:ontributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR C1nd shall deliver such bids to OWNER who then determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants Oncluding but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation , loading, unloadng, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease ,,,hen the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed bylaws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any-one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except I ~ I I I I I I I C.c-29 iiii losses and damages INithin the deductible amounts of property insurance established by OWNER in accordance 'hith paragraph 5.6}. provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. - Such losses shall include settlements made INith the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection the Work; 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance INith paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the follolNing: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partner-ship and sole proprietorships), general managers, PROFESSIONALs, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs - covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same {except for the cost of premiums covered by sub-paragraph 11.4.5.9 above}. 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone direcijy or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. 11.6.2. a fee based on the follolNing percentages of the various portions or' the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3: 11.6.2.4. the amount of aedit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost INiIl be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease: and GC-30 I I I I I' I I I I I I I I I I I I ~ I I I I I I I I 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11. 7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. \lVhen a credit is due, the amount of credit to be allowed by CONTRACTOR to OV\INER for any such change which results in a net decrease in cost will be the amount of the c~ctual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. \lVhen both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the next change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. VVhere the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance v.,;th Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. \f\Ihere the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred 8ldditional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Con-tract Price in accordance v.,;th Article 11 if the partes are unable to agree as to the amount of any such increase. GC-31 I I . ;;; 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) _ calendar days of the occurrence first happening and resulting in the claim. Witten supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly i'ndicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change - Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entiijed to an extension of time for such causes only for the number of days of delay which OVVNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for - which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OVVNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. ARTICLE 12. CHANGE OF CONTRACT TIME C1C-32 I I I I I I I I I I I I I \1 I I I II i I I I I I I ARTICLE 13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OV\'NER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable' building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OV\'NER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm{s) Of assigned by O\NNER to this Work) and all such inspections, tests, or approvals provided for by OV\'NER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tl:}stS, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. GC-33 - iiiiii Uncovering Worlc: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto \Nithout the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. Ifit is found that such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entiOed to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, direcOy attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent - thereof, CONTRACTOR may make a claim therefor as pro-vided in Articles 11 and 12. Owner May Stop the Worlc:, 13.10. Vvhen Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable - materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under thisparagraph~ Correction or Removal of Defective Worlc: 13.11. Vvhen directed by PROFESSIONAL, CONTRACTOR shall prompOy, \Nithout cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work Vllhether fabricated, installed, or completed, or remove it from the site and replace it with non defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work \Nithin a reasonable time;' all as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR wll also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not prompOy comply with the terms of such instructions, OWNER may have the defective Work corrected. removed. or replaced. All direct, indirect and consequential costs of such removal and replacement Uncluding but not limited to fees and charges of - C'JC-34 I I I I I I I I I I ~I I. I II I I I I I I l~ngineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR. Acceptance of Defec6ve Worlc: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defec6ve Worlc: . 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with para-graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall elllow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respectto the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, ifthe parties are 'unable to agree as to the amount thereof, OVVNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR: 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan 81ndtake specific corrective actions including, but not limited to, employing additional workmen, andJor equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OVV'NER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract C.c-35 Iii - Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-36 I I I I I I I I I I I I I I I I ;1 il I ! , il I I ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 \Mil serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. )~pp/ication for Progress Payment 14.2. 'At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein; all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments \Mil be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to allWork, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Uens. fleview of Applications for Progress Payment 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to. CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations ofthe Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality' of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendations; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the nesponsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. CTC-37 . - - 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entiijed to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequentiy discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Wit-ten Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Uens have been filed in connection with the 'Work: or there are other items entitiing OWNER to a set-off against the amount - recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such actian-. Substantial Completion: 14.8. \I\tlen CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Wthin a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to deter-mine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days ' execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justifiedHafter'consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the - definitive certificate of Substantial Completion, PROFESSIONAL's afore-said recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative C-rC-38 I I I I I I I I I I I I ;1 I. I I il I. I. I i- II I list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which 0) has specifically been identified in the Contract Documents, or Oil OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose wthout significant interference with CONTRACTOR's performance ofthe remainder ofthe Work, may be accomplished prior to Substantial Completion of all the Work subject to the following. 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Wthin a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of c:ompletion.lf PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers that part o(the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER mayatany time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final'payment.lf CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together vvith a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respectto security ,operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes Clver such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in. respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. I:;nallnspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. GC-39 Final Application for Payment , 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously - delivered) by: 0) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that 0) the releas,es and receipts include all labor, services, material and equipment for which a lien could be filed, and Oil all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OVV'NER against any lien. 14.12.1. No application for final payment will be accepted by OVV'NER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision of these contract. documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OVV'NER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection, and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment; ind!cate in \NIiting PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER ofthe application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and ifbonds have been furnished as f'JC-40 I I I I I I I I I I I I I I I I I I I required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully Gompleted and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OVVNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OVVNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work by OVVNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1: A waiver of all daims by OVVNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and" 14.16.2. A waiver of all claims by CONTRACTOR against OVVNER other than those previously made in writing and still unsettled. C.,c-41 = ARTICLE 15. SUSPENSION OF WORK AND TERMINATION Owner May Suspend Worlc: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (litie 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. .if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Uen against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and maChinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the drect, indirect and consequential costs of completing the Work Oncluding but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequentiy judicially determined that GC-42 R I I I I I I I I I I I I I I I I I I there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience: 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, v.nthout cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the (~ffective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date oftermination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted VVork, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directiy attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. . 15.5. Vv11ere CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OVVNERwill not release CONTRACTOR from liability. CONTRACTOR May Stop Worlc or Tenninate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days's written notice to OWNER and PROFESSIONAL and providedOWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OV\JNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage direclly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6,,30 to carry on the Work in accordance v.rith the progress schedule and without delay during disputes and disagreements with OWNER. C"{:-43 I - ARTICLE 16. DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be . deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out _ of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior - Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. CtC-44 I m E I I I I I I I I I I I I I I I I ARTICLE 17. MISCELLANEOUS Giving Notice: 17.1. VVhenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered ator sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. VVhen any period of time is referred to in the Contract Documents by days, it will be computed to .excludethe first and include the I~st day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day IMII be omitted from the computation. 17.2.2. A calen dar day of twenty-four hours measured from mi dnight to the next mi dnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the' other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in IMiting to the other party within a reasonable time of the first observance of such injury or damage. The provisions ofthis paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available here-under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3and 15.2 and all ofthe rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records ,and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a perio.d of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions ofthe Georgia Prompt Pay Act, O.C.GA Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstan ding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. GC-45 I I I I I I I I I I I I I I I I I I I SUPPLEMENTAL GENERAL CONDITIONS INDEX Section # Description Page No's SGC-1 Drawings SGC-1 SGC-2 Field Office Facilities SGC-1 SGC-3 Rights-of-Way SGC-1 SGC-4 Estimate of Quanitites SGC-1 SGC-S Existing Structures and Utilites SGC-1 SGC-6 Contractor's Breakdown of Lump Sum Payment Items SGC-1 to SGC-2 SGC-7 Prior Use by Owner SGC-2 SGC-8 Cleaning Up SGC-2 SGC-9 Maintenance of Traffic SGC-2 SGC-10 Maintenance of Access SGC-2 SGC-11 Erosion Control and Restoration of Property SGC-2 SGC-12 Bypassing Sewage SGC-2 to SGC-3 SGC-13 Safety and Health Regulations SGC-3 . SGC-14 Pre-construction Conference SGC-3 I I I I I I I I I I I I I I I I I I I SUPPLEMENTAL GENERAL CONDITIONS SGC-01. DRAWINGS: The Owner will furnish to the Contractor, free of charge, five copies of drawings and specifications necessary for the execution of the work. Location of all features of the work included in the Contract are indiCated on the Contract Drawings. . Note:" The Contract Drawings are listed under Special Condition SC-02., LIST OF DRA WINGS:. SGC-02. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. SGC-03. RIGHTS-OF-WAY: The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights~of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the. Contractor shall begin his work upon such land and rights-of-way as the Owner may !have previously acquired and no claim for damages whatsoever will be allowed by reason of the ~elay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the pwner; but time for completion of the work will be extended to compensate for the time lost by !)uch delay; such determination to be set forth in writing and approved by the Owner. SGC-04. ESTIMATE OF.QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the. documents including the bid are given only for use in c:omparing bids and to indicate approximately the total amount of the contract and the right is E!specially reserved except as herein otherwise specifically limited to increase or diminish them ~IS may be deemed rea~onably necessary" or desirable by the Ovimer to complete the work c:ontemplated by this contract and such in"crease or diminution shall in no way vitiate this contract nor shall a~y such increase or "diminution give cause for claims or liability for damages. SGC-05. EXISTING STRUCTURES AND UTILITIES: . The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection Of existing utilities and structures. SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shail,inimediately after the contract has been awarded, submit to SGC-l 11IIII the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-07. PRIOR USE BY.OWNER: Prior to completion of the work, the Owner may take over the operation and/or use - of the incompleted project or portions thereof. Such prior u,se of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-08. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, - implements, tools, etc., and leave his work in a clean condition, .satisfactory to the Engineer. SGC-09. MAINTENANCE OF TRAFFIC:. In any work within the public right-of-way, th~ Contractor shall provide adequate warning and protection for pedestrian, and vehicular traffic from any hazard arising out of the 'Contractor's operations and will be held responsible for any damage caused by negligence on - his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without , written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions Qfthis paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from ~, sums due to the Contractor. SGC-10. MAINTENANCE OF.ACCESS: The Contractor will be required to maintain access to business establishments , during all time they are open for business, to churches, schoo.ls and other institutions during the time they are open and to all residential. and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be I required to provide vehicular and - pedestrian access. Bridges with handrail protection .will be required for crosswalks at street - intersections. It is recognized that it will be necessary to ,remove bridges and to block cross , traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-11. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule.his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course 6fconstruction shall be restored to a condition equal or better than the original condition.. SGC-12. BYPASSING SEWAGE: . . '. The Contractor Will be required to,schedule and coordinate construction sequences SGC- 2 I I I I I I I I I I I I I I I I I I I and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-13. SAFETY AND HEALTH REGULATIONS: The Contractor ,,~l1all comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31- 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SGC-14. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the VI.Ork and satisfy all requirements -of the Contract Documents. SCTC-3 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS INDEX ~. Section # Description Page. No's SC-1 Scope SC:: 1 SC-2 List of Drawings SC-1 SC-3 Protection of the. Environment SC-1 SC-4 Temporary Toilets SC-1 SC-5 Plans and Specifications Furnished SC-1 SC-6 Record Drawings SC-2 SC-7 Existing Structures SC-2 SC-8 Salvage Material SC-2 SC-9 Referenced Specifications SC-2 SC-10 Traffic Control. SC-2 SC-11 Construction Order and Schedule SC-2 to SC-3 SC-12 Inspection and Testing.of Work SC-3 ~l;;.j I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SC-01 ;. SCOPE: The project referred to in the Agreement shall consist of the construction of four (4) wells, hereinafter referred to by project name as Little Spirit Creek Well!ie1d. SC-02. LIST OF DRAWINGS: The following drawi~gs, prepared by James G. Swift & Associates comprise the plans for the project: . SHEET NO. 1 2 3 4 5 6 7-8 TITLE Cover Sheet Well Field Plan Well Field Profile . Well Site Plans Well Vault Plan & Detail Sections Well Detail Section (Continued) Details SC-03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineerto minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or ~ other classification, must show BIPprovaI of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructi()ns. SiC-04. TEMPORARY TOILETS: Contractor shall provide temporary toiletfacilitieson the site for workmen employed in the construction work. Toilets shalJ beadequ~te. for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these tc)ilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the.Contract. SC-05. PLANS AND SPECIFICATIONS FURNISHED: The Contractor Will be furnished, free of charge, by the Owner up to five (5) sets of direct. blue line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request..!:::, I.:, ~ "-:\. ~.. SC-l SC-06. RECORD DRAWINGS: Th~ Contractor will maintain in his office one complete set of drawings (including _ any supplemental sketches) pertaining to the project upon which, at the end of each day's vvork any deviations from the construction lines shown thereon and all changes ordered by the - Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be -- made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspecti9n during construction. Satisfactory - progress toward the preparation of the record drawings shall be a condition of approval of - monthly payment estimates. At the completion of construction, prior to submitting his estimate for final payment. and as a condition for payment thereof, three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. SC-07. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the \AOrk, each and every item will be replaced in the same or better manner or condition than that in which it was before cons~ruction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's vvork adjacent to private propertY. SC-08. SALVAGE MATERIAL: AII.grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain the property of the Owner and will be stockpiled at , in the manner directed by the Engineer. SC-09. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or -- revision of the referenced specification or standard is intended. SC-10. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, Edition of 1978. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any stre.et closures. 2. CONSTRUCTION ORDER AND SCHEDULE: The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the followi~g for review: A. Breakdown of contract price into units of cost for each item required to complete the total vvork; this breakdown will be the basis for judging the percentage complete 'at any time. B. A statement of the order of procedure to be followed that will result in the required protection and'completion of the work within the contract time. SC-11. 1. SC-2 I I I I I I I I I I I I I I I I I I I C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested~ SC-12. INSPECTION AND TESTING OF WORK: The Owner shall provide. sufficient competent "engineering personnel for the technical observation and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work Emtirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. In~pectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no. additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and,if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such vvork is not in accordance with the Contract Documents, the Contractor shall pay such cost. SC-13. SUBSTITUTIONS:- Notwithstanding any provision of the general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an "amendment to the contract. SC-3 I I I I I I I I I I I I I I I I I I I INDEX TO TECHNICAL SPECIFICATIONS TITLE -- PAGE NO'S. DRILLING, DEVELOPING AND TESTING OF WELLS 1 - 5 PUMPING EQUIPMENT 6 -7 MOTOR STARTING AND CONTROL EQUIPMENT 8-9 CLEARING AND GRUBBING 10 GRADING 11 - 14 EXCAVATION, TRENCHING AND BACKFILLING FOR PIPE LINES 15-17 WATER DISTRIBUTION SYSTEM 18 - 20 . CONCRETE CONSTRUCTION 21 - 22 STEEL REINFORCEMENT 23 - 24 GRASSING 25 - 26 I I n I I I I I I I I I I I I I I I I DRILLING, DEVELOPING AND TESTING OF WELLS SECTION I 1.1 SCOPE OF WORK: The work covered by these specifications will include furnishing all parts, labor, equipment, appliance, materials and the performance of all operations in connection with the drilling, recording soil samples, placement of casing, conducting tests for contaminates and flow testing of the drilled wells. Construction Schedule: Initial construction shall be limited to well site preparation and test bore hole construction. After such appropriate time during construction , and when well site(s) have been satisfactorily logged, the Contractor will be instructed to either continue well construction or abandon the bore hole. In the event test data and well log data prove well site(s) to be productive, the Well Contractor will be duly authorized to process construction ofwell(s). The Contractor shall then vigorously process construction ofwell(s) to a condition suitable for test pumping. Upon completion of analysis of test pumping, 'NOrk 'Mil continue on well(s) to effect a completed installation of all pumping equipment, controls, well vault, valves, and other appurtenances. In the event test data and well log data prove well site(s) to be non-productive, the Contractor will be authorized to terminate construction. The well bore hole will be abandoned in accordance with AWWA specifications and other applicable sections of these specifications. The Contractor will be compensated for work completed to date. The disposition of this contractual agreement and other remaining construction work will be determined at such time as would then be appropriate. 1.2 PERMITS. CERTIFICATES. LAWS AND ORDINANCES: The Contractor shall, at his own expense procure all permits, certificates and licenses required of him by law for the execution of his work. He shall comply with all federal, state and local laws, ordinances or rules and rElgulations relating to the performance of the work. . 1..3. INTENT OF CONTRACT: This contract will entail the drilling and placement of a 24" outer casing, a 14" inner casing with screens, and pumping equipment at well sites LSC-1, LSC-2, LSC-4, and LSC-5 to a depth that will provide a potable water supply. Construction and testing shall be as shown in the Technical Specifications. Well sites are shown on plans prepared by James G. Swift & Associates and dated November 1999. 1.4 LOCAL CONDITIONS: Data regarding existing wells in the area is available at the office of the Director of the Augusta Utilities Department. 1.5 BOUNDARIES: The wells will be located as shown on the plans and plat prepared by James. G. Swift & Associates. 1.6 PROTECTION OF SITE: The Contractor shall confine his activity and storage of material to the tracts provided by Richmond County. Upon completion of the work the contractor shall uniformly grade the property to the grades shown on the plans. 1.7 COMPETENT WORKMAN: The construction of the well must meet all requirements of the Rules for Safe Drinking Water, Chapter 391- 3-5, and all work must be completed by a licensed water well contractor holding a current license in the State of -1- . ~ Georgia in accordance with the provisions of the Water Well Standards Act of 1991 (O.C.GA 12-5-120, et. seq.). The Contractor shall employ only competent workman for the execution of his work, and all such work will be performed under the direct supervision of an experienced well driller satisfactory to the Engineer. The Contractor shall have in place active drug and alcohol testing program for all employees throughout the duration of this contract. . Ii!!! - SECTION 2 2.1 WELL CONSTRUCTION: Where applicable and unless otherwise shown, well construction shall adhere to GA EPD's Minimum Standards for Public Water Systems, latest edition. Construction Features: The well shall be of a large diameter gravel filter type with the outer casing cemented in place its entire length. The portion through the water bearing sand shall be under-reamed and a stainless steel screen shall be installed. The well shall be constructed by the rotary hydraulic method utilizing water as the drilling fluid. In order to prevent the formation of filter cake on the walls of the water producing sands ~th the resulting restriction to full flow, the use of drilling mud shall be kept to a minimum and drilling fluid additive shall be used only as required to maintain stable walls for electric logging and casing the wall. .... - .- - - 2.2 CASINGS: Casings to be used hereunder as a part of the permanent well shall be of new material having the following minimum specifications: The outer casings shall be 24" 00 black steel pipe with 0.375" wall thickness, and the inner casing shall be 14" OD black steel pipe with 0.312" wall thickness. These shall conform to ASTM A-53 requirements. The inner casing shall be connected directly to the top of the screen and shall extend upward through the outer casing to the top of the pump foundation. The casing shall be installed in a drilled hole, at a minimum of 6" larger than the diameter of the casing. The casing shall extend from the surface of the ground to the top of the water bearing formation. The Contractor shall take measures to prevent foreign matter from entering the well until such time as the pumps are installed. A ring shall be welded to the outer casing pipe to act as a water stop in the base slab of the well vault. 2.3 GROUT: The annular space between the outside of the casing and the drilled hole shall be filled with cement grout and shall have a minimum grout thickness of 1 %" at any point. Grout shall conform to ASTM C 150. Grout shall be proportioned of cement and the minimum quantity of water (not over 6 gallons per cubic foot of cement) to give a mixture of such consistency that it can be forced through the grout pipes. No method will be approved that does not specify the forcing of grout from the bottom of the casing toward the ground surface. A suitable cement retainer, packer, or plug shall be provided at the bottom of the inner casing to prevent leakage into the well. Grouting shall be accomplished in one operation to insure filling of the entire annular space. No drilling or other work in the well will be permitted within 72 hours after grouting of casings. 2.4 WELL SCREEN AND GRAVEL FILTER: The size of the openings and lengths of the well screens will be selected on the basis of samples taken during drilling from the water bearing stratum selected as a source of supply for the well. The net total area of the screen openings shall be such that the entering velocity of the water will not exceed 1.5" per second. The screen shall be continuous slot or wire rapped type, and constructed of Type 304, 18-8 stainless steel. The wall thickness shall be not less than No.7 USS Gauge. Couplings, ifused, shall be Type 304 stainless steel, of it welded, only welding rods approved for use with Type 304 stainless steel shall be used. Below the outer casing the hole shall be hydraulically reamed. Fluid pressures on the hydraulic reamer - . -2- . I I I I I I I I I I I I I I I I I I I shall be sufficiently high to insure maximum removal of the formation. The screen and inner casing shall be installed with suitable heavy steel guides to insure the assembly is centered in the reamed hole and outer casing. After installation of the screen and inner casing assembly, a gravel filter shall be' constructed around the screen by pumping special washed and screened filter gravel to the bottom of the well. The filter shall extend thirty feet above top of screen. Filter gravel used shall be the product of a filter sand and gravel manufacturer and shall be uniformly screened to size and washed clean. The gravel used for the pack must be washed, free of organic matter, and composed of well rounded particles. The Contractor shall not attempt to construct the filter by dumping from the surface and agitating the well in an effort to seWe the filter. ~!.5 DEVELOPING THE WELLS: The Contractor shall furnish all necessary pumps, compressors, plungers, bailing, or other equipment and shall develop the well by such approved methods as shall be necessary to give the maximum yield of water per foot of drawdown and extract from the water bearing formation the maximum practical quantity of such sands as may, during the life of the vvell, be drawn through the screen when the well is pumped under maximum conditions of c1rawdown. The water pumped from the well shall be free from sand and meet the requirements of the turbidity c.andle method as described in the 10'" edition of Standard Methods for the Examination of Water and Sewage. 2.6 TESTING: After the wells have been completed the Contractor shall furnish and install necessary pumping equipment capable of pumping to the required point of discharge (see plans) a maximum of at least 900 gpm from the actual ultimate pump setting below the ground surface, and which can be throttled down to produce a discharge of 100 gpm. The equipment shall be capable of providing uninterrupted pumping for a period of 48 hours. In addition, the Contractor shall furnish, install and maintain equipment of approved size and type for measuring the flow of water; such equipment to be a weir box, orifice, or water meter. To measure the elevation of the water level in the well, an air line complete with gauge, handpump, and check valve shall be provided. The Contractor shall take proper precaution to establish adequate stabilization structures to prevent erosion or other property damage that may occur during discharge oftest pumped well water. 2.7 TEST PROCEDURE FOR WELLS LSC-1. LSC-2. LSC-4 AND LSC-5: The Contractor shall proceed with the final pumping test with existing well LSC-3 operating simultaneously. The test pumping as the minimum rate of 700 gallons per minute shall continue for a period of 24 hours after the drawdown level is reached. The maximum drawdown during the test shall be at least 5' above the highest perforation on the screen. The yield from each well shall average 700 gallons per minute or more during the final 24 hour period, rates of discharge and the water level in the well shall have remained substantially in equilibrium and that the discharge fate for the preceding period of the test shall have been at least as great. During the final pumping tests, accidental interruption of pumping may, if so agreed between the Contractor and the Engineer, be made up by a corresponding extension ofthe time for testing. Upon completion of the final tost, the Contractor shall remove by bailing, sand pumping or other means, any material that may have become deposited in the wells. The time stated for the duration of the test is the minimum only and the Engineer reserves the right to increase its duration and to make additional test if desired. \Men the test is completed, the test pumps discharges shall be throWed down gradually as directed by the Engineer, so that data for the well drawdown curve can be obtained. 2.8 ANALYSIS OF PUMPING TEST FOR WELLS LSC-1. LSC-2. LSC-4 AND LSC-5: Upon satisfactory completion ofthe pumping test on each well, together with the data obtained from existing ",rails used for observation or drawdown, shall be reviewed and analyzed by a competent hydrologist employed by -3- ~ the Contractor. A report on his findings regarding recommended maximum pumping capacity of each well and other relative information shall be furnished prior to pump selection. 2.9 BACTERIOLOGICAL AND CHEMICAL TEST FOR WELLS LSC-1. LSC-2. LSC-4 AND LSC-5: The Contractor shall, when the well is completed and has been sterilized and tested, collect samples for bacteriological examination ofthe water from the well and forward them to the Georgia State Department of Public Health, Atlanta, GA. He shall also furnish the Owner with a report of a complete physical and chemical analysis of the water performed by an approved commercial laboratory at his own expense. Should bacteriological tests indicate pollution, the Contractor must repeat his sterilization procedure until a satisfactory bacteriological test is obtained. A raw water sample must be collected from the well and submitted to the Division's Water Supply Laboratory or another Division approved laboratory for microbiological analysis. A copy of the results must be submitted to EPD. A raw water sample must be collected in a specially marked one gallon plastic container and submitted to the EPD's Radiological Laboratory for radiological analysis. The plastic container, necessaryforrns and instructions for this sampling will be furnished by EPD. 2.1 0 STERILIZATION OF WELLS LSC-1. LSC-2. LSC-4 AND lSC-5: After the well has been completely constructed and developed as above described, it shall be sterilized by the use of a chlorine solution. The chlorine solution shall be volume and concentration that a residual of at least 50 ppm of free chlorine will be obtained in all parts of the well. It shall be applied in accordance with the instructions of and to the satisfaction of the local and state Health Authorities and shall remain in the well for at least two hours. Wlen pumping equipment is later introduced into the well all surfaces of the pump and its appurtenances which will come in contact with water shall be thoroughly dusted with chlorine compound as directed by the Owner's representative and the Health Authorities above mentioned. Disinfection of the wells must be accomplished by introducing the chlorine solution into the well under sufficient pressure to overcome the natural flow pressures of all developed waterbearing zones, and in sufficient quantity to produce a minimum chlorine residual of 50 mg/I in six hours after such application. Following disinfection of the wells and related piping and pumping equipment, the heavily chlorinated water must be disposed of in accordance with the latest edition of the American Water Works Association (A WWA) Standards. Any pipe, solder and flux used during this project must be "lead-free" with not more than 8% lead in pipes and fittings, and not more than 0.2% lead in solders and flux. 2.11 ABANDONMENT OF WELLS LSC-1. LSC-2. LSC-4 AND LSC-5: If the Contractor shall fail to sink any permanent well to the depth required to produce the specified yield, or should he abandon any such INeIl because of the loss of tools or for any other cause, he shall, if required and as directed by the Engineer, fill the abandoned hole with clay or Clay and concrete, and remove the casing at his own expense. Salvaged materials furnished by the Contractor shall remain his property. 2.12 WEll GUARANTEE FOR WEllS LSC-1. LSC-2, LSC-4 AND LSC-5: The Contractor shall guarantee a production yield for the well at all times within a period of one year from the date of final acceptance. The guaranteed production yield shall be equal to or greater than the volume yield at the instance of pump installation and it shall be available during simultaneous operation with other wells in the system. If the Owner at any time during said one year period shown by measurement that the capacity has diminished below the above stated yield the Contractor will proceed within 30 days after \Mitten notification to restore the well to the capacity contracted for, or refund forthwith to the Owner such proportionate amount of the paid -4- I I I I I I I I I I I I I 'I I . I I !I I ! :1 II I I \1 i contract p.rice that the well has diminished in capacity. jPA YMENT: Payment for installation of test bore hole, 24" outer casing, 14" inner casing and 14" well screens will be at the unit price as indicated in the bid proposal. Payment for the gravel packing and grout \Mil be at the lump sum price as indicated in the bid proposal. Progress payments shall be made as outiined in the general conditions and supplementary general conditions. -5- PUMPING EQUDPMENT SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in conne~tion with the installation of the deep well pumping equipment, complete with all appurtenances in strict accordance with this specification and the applicable drawing, and subject to the terms of the Contract. Pumps shall be capable of discharging the rated capacity as determined during test pumping of the bore hole against the following heads as computed at the centerline of the pump discharge, plus the additional head to the drawdown level of the well and all pump losses computed at a well capacity of 700 gpm: LSC-1 LSC-2 LSC-4 LSC-5 57 46 85 62 V\t11en operating at the rated capacity the pump shall have a minimum efficiency of not less than 80%. All pumps shall be the standard project of the same manufacturer who is regularly engaged in the production of such equipment. Motor shall be of sufficient size to operate the pumps throughout the entire capacity range without exceeding the service factor. Electrical characteristics shall be 230/460 volt, 3 phase, 60 Hertz. The pump manufacturer shall provide and perform the standard running test on the pump bowl assembly as specified in ANSI Specification B 58.1-1961, Section 2. Three copies of the test data sheet and the anticipated field performance curve shall be supp6ed to the Engineer. Standard hydrostatic tests shall be performed to insure conformance with the above noted ANSI specifications. Upon completion of the underground structure, the Contractor shall cut off the casing at the proper elevation, and pour a concrete base for the pump. The pump shall then be installed in the inner casing and sealed so that all water passing through the pump must first pass through the gravel filter and the strainer. GENERAL: This specification covers a deep welllineshaft turbine pump with above ground discharge, arranged for water lubrication of the lineshaft bearings by the water being pumped and furnished with suitable driver and accessories as specified herein. The pumping unit shall be designed and furnished in accordance with the latest hydraulic institute and A WWA specifications for Iineshaft turbine pumps. The pump shall be designed and constructed to operate satisfactorily with a reasonable service life, when installed in a typical continuous turbine pu.mp application. PUMP CONSTRUCTION BOWL ASSEMBLY The pump bowls shall be of close grained cast iron having a minimum tensile strength of 30,000 pounds per square inch, free from blow holes, sand holes, and all other faults; accurately machined and fitted to close dimensions. -6- I I I I I I I I I I I I I I I I I I I The impeller shaft shall be of ASTM A582 Type 416 stainless steel and shall be supported by water lubricated bronze bearings located on both sides of each impeller. The shaft shall be precision turned, ground and polished. The impeller shall be of the enclosed type and shall be of bronze, of heavy construction, accurately fitted and balanced. The impeller shall be locked securely to the impeller shaft with a tapered lock bushing. The bowls and impellers shall be designed with smooth passages to assure efficient operation. The impellers shall be adjustable by means of a top shaft adjusting nut. DISCHARGE COLUMN ASSEMBLY. WATER LUBRICATED: The pipe shall be grade A steel with threaded end. The pipe shall be furnished in interchangeable sections not over 10' in length, and shall be coupled with extra-strong treaded steel couplings machined from solid bar steel. The shaft shall be fitted with stainless steel replaceable sleeves. The column assembly shall have bronze guides fitted into the coupling and secured in place by the butted pipe ends. Each guide shall contain a water lubricated rubber bearing designed for vertical turbine pump service. An air line of 1/4 inch copper or plastic tube shall be furnished with the pump of sufficient length to extend from the pump base to the top of the bowl assembly. This line shall be provided with an adapter suitable for c:onnection to a standard automobile tire hand pump, and v.nth a gauge cock and treaded connection for an altitude ~Iauge. plSCHARGE HEAD. WATER LUBRICATED: A suitable base of high grade cast iron ASTM A48-30 shall be provided for mounting the motor and with discharge elbow having above ground flanged discharge outlet for 8M standard pipe. The design shall have sufficient capacity to carry the combined weight of the column assembly. The design shall allow the top shaft to couple above the stuffing box. A %" thread port shall be fabricated in the discharge head. The port shall be positioned in an alignment that will direct the pre-lubricating water onto the pump's lineshaft. The stuffing box shall be cast iron and shall contain a minimum of five rings of packing. The packing gland shall be a bronze split type secured in place with non-corrosive studs and nuts. The bearing shall be bronze. A rubber slinger shall be secured to the shaft above the packing gland. SUCTION PIPE AND STRAINER: The suction pipe shall have a minimum inside diameter and weight equal to that of the discharge column pipe. A suitable cone strainer of stainless steel shall be provided having a free area of at least five times the flow area of the suction pipe. The suction pipe shall be grade A steel pipe with threaded ends. ELECTRIC MOTOR: The motor shall be a heavy duty squirrel cage induction type, NEMA design B, vertical hollow shaft motor, with a non reverse ratchet to prevent reverse rotating elements. A suitable thrust bearing shall be incorporated in the upper end of the motor adequate to receive the entire hydraulic thrust load of the pump unit plus the weight of the rotating parts under all conditions of operation. The motor shall be normal (or premium) efficiency with a WP-1 enclosure, 1.15 service factor, and suitable for use on a 230/460 volt, 3 phase, 60 cycle electric service. PAYMENT: Payment for well pump equipment and other related appurtenances for wells will be at the lump sum price as indicated in the bid proposal. Progress payments shall be made as outlined in the general conditions and supplementary general conditions. -7- . MOTOR STARTING ANDCON1"IROL EQUIPMENT - GENERAL: Unless otherwise specified herein or noted on the plans, it is the intent of these specifications that motor starters and controls for all motor operated equipment shall be furnished, installed and wired complete for operation under this section of the specifications. All motors specified under this or other sections of these specification shall be furnished with the pumping equipment to be driven. Particular attention and reference shall be made to the other sections of these specifications for the proper coordination of all material to be furnished and/or installed and of all work to be accomplished under this section. . PUMP CONTROLS: Remote Control: All pump motors shall be controlled by equipment in water telemetry control system furnished under separate contract. However, the conduits, relays and appurtenances required to interconnect and operate in conjunction IMth that system shall be furnished and installed under this Contract. Remote starting relay shall be properly IMred into automatic position of "hands-off-automatic" starting switch. Dry starting contacts of relay shall be capable of servicing the 120 volt pump motor starter circuit. Relay shall have normally .open" contacts and be activated by electrical voltage commensurate with telemetry system power source. The Contractor shall insure proper coordination of motor starter electrical system provided under his proposal with requirements of the telemetry control system under other contract. Contractor shall provide telemetry electrical power source in conformity with telemetry system operation at each well site. MOTOR STARTERS: Each pump motor shall be provided INith a combination circuit breaker and magnetic starter housed in a NEMA 4 enclosure, specifically designed for well pumping service. Each starter shall be across-the-line starting or low voltage part winding starting, non-reversing, for 480 volt, 3 phase service and properly sized to energize the motor to be determined during construction. Auxiliaries are as follows: A three phase lightening arrester, and a "hands-off-automatic" selector switch mounted in cover. Starters shall be furnished with suitably sized breakers and control devices. Normally "closed" contacts to activate 26.5 VAC power supply shall also be provided. Contacts shall be rendered .open" upon motor start-up. Provisions for padlocking breakers in .off" position shall be provided. Control voltage for all starters shall be 120 volts supplied form a control transformer integral with the starter. Manual motor starters shall be flush mounted, toggle operated, one and two pole as required, fitted with stainless steel plates with built-in indicating lights. It shall be the responsibility of the Contractor to verify the horsepower of all motors to be furnished and to furnish properly sized starting equipment therefore. It shall be the further responsibility of the Contractor to assure that the motors are provided with proper windings and leads for the type starting equipment furnished. 26.5 VAC POWER SUPPLY: Power supply shall be a step-down transformer having 120 VAC input power reduced to 26.5 VAC output power. Transformer shall be capable of energizing a 24 VAC solenoid mounted on water control valve of water lubricating system. GUARANTEE: Pumping equipment furnished under these specifications shall be guaranteed for a period of one year from the date of final acceptance against defective material and workmanship. Upon written notice by the Engineer of failure of any piece of pumping equipment during the guarantee period, the affected pump or part shall be repaired promptly with new parts by and at the expense of the Contractor. -8- I I I I I I I I I I I :1 I I II IPAYMENT: Payment for motor, starters, controls and other related appurtenances for wells will be at the lump sum price as indicated in the bid proposal. Progress payments shall be made as outlined in the general conditions and supplementary general conditions. I I i. I. i- i_ ,- i I- t- -9- i_ II CLEARING AND GRUBBING SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, post, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface and occurring within the construction limits or right-of-way of any excavation, borrow area, or embankment. CONSTRUCTION METHODS: Clearing: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface. Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed shall be neatiy cut close to the bole of the tree or to the main branches, and the cuts thus made shall be painted with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected from damage incident to construction operations by the erection of barriers or by such other means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. Grubbing: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the dra\Nings. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth not less than 18 inches below any subgrade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed inddental to clearing and grubbing shall become the property of the Contractor and may be sold by him provided such disposal is otherwise in accordance with these specifications. All combustible matter removed shall be hauled away and deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. If allowed by the appropriate governmental authorities, burning shall be done at such time and such manner as to prevent fire from spreading and to prevent damage to adjacent cover and shall further be subject to all requirements of State or Federal Governments pertaining to the burning. Disposal by burning shall be kept under constant attendance until all fires have burned out or have been extinguished. No burning will be allowed on the site unless all fires be kept under constant attendance by persons having equipment necessary to prevent the spreading of fires. Such equipment shall include, at the minimum, a bulldozer or front-end loader, and an approved pump and hose connected to an acceptable source of water. MEASUREMENT AND PAYMENT: Clearing and grubbing \/ViII be considered as a major item and shall be paid for at the lump sum price as stated in the Bid Schedule. -10- I I I I I I I I I I I il i II ~ I GRADING SCOPE: This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or walks, including all excavations, formation of embankments, preparation of subgrade for pavements and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation, trenching, and backfilling for utility lines is specified under the section entitied RExcavating, Trenching, and Backfilling for Pipe UnesR. ~ONSERVATlON OF TOPSOIL: Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoil and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles convenient to areas that are to receive application oftopsoillater, or at locations indicated. Topsoil shall be stripped to a depth of 3 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials. IEXCAVATlON: The term RexcavationR used hereinafter is defined as Runclassified excavationR. Excavation of every description regardless of material encounter within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits of the work. \l\lhen directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as described under the Unified Soil Classification System. Such material removed and the selected material ordered as replacement shall be included in excavation. Unsuitable and surplus excavation material not required for fill shall be disposed of in designated waste or spoil areas on or near site and to be determined by the Owner and/or Engineer. During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage at all times. Any necessary clearing, grubbing, grassing, disposal of debris and satisfactory trimming and drainage of the spoil areas other than provided for in the Bid Schedule shall be considered incidental to the wasting operations and shall be performed by the Contractor at no additional cost to the Owner. . '. '. I ~;ELECTlON OF BORROW MATERIAL: General: Borrow material shall be selected to meet the requirements and conditions of the particular fill fOr which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Any necessary clearing, grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and shall be performed by the Contractor at no additional cost to the Owner. Unless specifically provided, no borrow shall be obtained wthin the limits of the project ~;ite without written approval. Borrow Area(s): Borrowmaterial shall be furnished by the Contractor from private sources selected by the Contractor and shall consist of a suitable material of the type mentioned above. The Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the expense of developing the sources, including right-of-way for hauling. EXCAVATION DITCHES: Ditches shall be cut accurately to the cross-sections and grades indicated by the drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches shall be cut one foot below finish grade. Care -11- shall be taken not to over excavate ditches below the grades indicated. Any excessive ditch excavation due to removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble to form an adequate finished surface as directed. The Contractor shall maintain all ditches excavated under this specification free from detrimental quantities of leaves, sticks, and other debris until final acceptance of the work. Suitable earth material excavated from ditches and channel changes shall be placed in embankments. Excavated material shall notbe deposited within a distance from the edge of any excavation of less than 1 % times the depth of the excavation. Wlen storm drain pipe terminates in a new ditch, the headwall or end section together with ditch treatment shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under section entitled RGrassing" . The Contractor shall be responsible for maintaining these newly constructed ditches and take immediate action subject to approval to keep erosion out of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required maintenance. PROTECTION OF EXISTING SERVICE LINES AND UTILITY STRUCTURES: Existing utility lines that are shown on the drawings or the locations of which are made known to the Contractor prior to the excavation that are to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired by the Contractor at his expense. In the event that the Contractor damages any existing utility lines that are now shown, or the locations of which are not known to the Contractor, report thereof shall be made immediately to the Engineer. If determined that repairs are made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled CHANGES. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to prevent wedging action or eccentric loading iJpon or against structures. Slopes bounding or within areas to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and in the formation of embankments, equipment that will overload the structure in passing over the compacting of these fills shall not be used. Backfill for storm drains and subdrains, including the bedding, shall conform to the additional requirements as specified. PREPARATION OF GROUND SURFACE FOR FILL: All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter, rubbish and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or under the fill area unless specifically allowed by the Engineer. Sloped ground surfaces steeper than 1 vertical to 4 horizontal on which fill is to be placed shall be plowed, stepped or benched, or broken up as directed, in such manner that the fill material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or dried as may be required to obtain the compaction specified. FILL: Fills and embankments shall be constructed at the locations an.d to the lines and grades indicated. The completed fill shall correspond to the shape of the typical section indicated or shall meet the requirements of the particular case. Suitable material removed the excavation shall be used in forming the fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones having maximum dimensions greater than 6 inches. No frozen material will be permitted in the fill. Stones having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed in loose depth for the full width of the cross section and shall be compacted as required. -12- I I I I I I I I ,I COMPACTION: Overall or Overlot Areas: Each layer of the fill or embankment except in the areas indicated as not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-tired roller, three- ~)teel wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types of soil encountered, as approved, to at least 95 percent of maximum density at optimum moisture content. Field Control: In areas where the density of the fill or embankment is specified, field density tests will be performed in sufficient number to insure that the specified density is being obtained. These tests will be made at the expense of the Contractor and will be in accordance with MSHO Standard T147. FINISHED EXCAVATION, FILLS AND EMBANKMENTS: All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either blade-grader or scraper operations, supplemented with hand raking and finishing, except as otherwise specified. The finished surface shall be not more than 0.10 foot above or below the established grade or approved cross section. Ditches and gutters ~;hall be finished so as to permit adequate drainage. The surface of areas to be grassed shall be finished to a smoothness suitable for the application of grassing materials. The surface of embankments or excavated areas for road construction or other areas to be paved on which a base course or pavement is to be placed shall not vary more than 0.05 footfor the established grade and approved cross section. In areas where the bulking of soil as a result of grassing operations will tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.1 foot below grade prior to grassing. :1 I I I ~ I ,I I I II I IllSPOSAL OF WASTE MATERIAL: All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer. All trees, stumps, brush down timber, etc. in the disposal area shall be cleared and shall be disposed of by burning, removal from the property or a combination of both. <Btg and disposal of trees, stumps, etc. shall comply with the applicable portions of the Clearing and Grubbing specifications. The complete layer oftopsoil in the entire disposal area shall be removed before placing the surplus excavation. Surplus excavation shall be hauled to the designated stripped disposal area, leveled to drain and firmed under the normal operation of spreading and hauling equipment. The topsoil shall then be placed, leveled and Iightiy compacted. i II !)LACEMENT OF TOPSOIL: Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract, excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be uniformly placed on these areas to a compacted depth of not less than three (3) inches or more than four (4) inches. The material shall be free from c:lods of soil, matted roots, roots greater than% inch in diameter, and any other objectionable material which might hinder subsequent grassing and mowing operations. The material shall be placed, leveled, and lightly compacted vvith at least one pass of a cultipacker or light pneumatic-tired roller, to required cross sections, but shall be left one- tenth (0.1) of a foot below the finished earth grade. f)ROTECTlON: Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to the required E!levations and slopes, at no additional expense to the Owner. -13- - - MEASUREMENT AND PAYMENT: Excavation of all substances encountered, except rock excavation as stated in the Proposal, will be paid for at the lump sum amount therefor in the Bid Schedule. Placement of fill and anyon-site or off-site wasting of excess excavated material will be considered as subsidiary responsibilities of the Contractor, and no separate payment will be made therefor. -14- I I I I I I I I I I I I I I I I I I I EXCAVATION, TRENCHING AND BACKFILLING FOR PIPE LINES ~COPE: This section covers all excavation, trenching and backfilling for pipe lines, complete. ~:XlSTlNG IMPROVEMENTS: Maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the (~ourse of the work. Make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings and if necessary to provide temporary walkways and bridges for crossing of the open trench as directed. EXCAVATION: Perform all excavation of every description and whatever substances encountered, to the depths indicated on the drawings or as specified herein. Water piping shall be installed with a minimum finish cover of 40 inches. Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated trenches shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space not less than 6 inches or more than 8 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them. \Mere damage is liable to result from withdrawing sheeting, the sheeting v.nll be ordered to be left in place. Except elt locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate belowthe depths indicated. V\lhere rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench EtXCavation shall be backfilled with loose moist earth, thoroughly tamped. Wlerever wet or otherWse unstable soil ti1at is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, or is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by ~1e Engineer, and the trench backfilled to the trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess Elxcavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete. Grading and Stacking: All grading in the vicinity of trench excavations shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half times the depth of excavation back from the edges of trenches to -15- avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. Shoring and Sheeting: All shoring, sheeting and bracirig required to perform and protect the excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. V\lhenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than one foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. Water Removal: V\lhere water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shalt be discharged at points where it will not cause injury to public or private property, or where the work is completed or in progress. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. Blasting: Explosives are to be used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench. Tree Protection: Care shall be exercised to protect the roots of trees to be left standing. Wthin the branch spread of such trees, all trenching shall be performed with extra care. The trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. BACKFilLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth, or earth with an exceptionally high void content. For backfill up to a level one foot over the top of pressure pipelines and two feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided materials free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers, and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6 inch layers and each layer moistened and compacted to 100% maximum dry density, so that traffic can be resumed immediately after backfilling is completed. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade and compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. -16- I I I I I I I I I I I I I I I I I I I Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where in the opinion of the Engineer, damage is liable to result from '.Mthdrawing :)heeting, the sheeting will be ordered to be left in place. JRESTORATlON OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and the repair or replacement of driveways, walks, fences, steps, or other facilities in such manner as to meet with the approval of the Engineer and to be at least equal in quality to the original undisturbed work. ~EMOVAL AND REPLACEMENT OF EXISTING PIPE AND EQUIPMENT: Where indicated on the drawings or required to properly place the work under this contract, as approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved by the Engineer. !\IIEASUREMENT. PAYMENT: Excavation and backfilling for pipelines and appurtenances except herein after provided for, will be considered as incidental to the construction of the various elements of the installation it is associated with, and no separate payment will be made therefor. -17- WATER DISTRIBUTION SYSTEM SCOPE: This section covers the installation of all pipes, fittings, valves and appurtenances for the water distribution system complete. WATER PIPE: All water pipe 4 inches and larger shall be Class 350 Ductile Iron. All fittings and specials for use with water pipe shall be cast iron or ductile iron, mechanical joint or push-on. Ductile iron pipe shall be either AWWA C151-76 or ANSI A21.5 approved. Gate Valves: All gate valves for potable water service shall be of the double-disc type designed for working pressure of 200 psi. All gate valves shall have a clear waterway equal to the full nominal diameter of the pipe and shall be opened by tuming counter-clockwise. Each valve shall have the initials of the maker, pressure rating and year of manufacture, cast on the body. Prior to shipment from the Factory, each valve shall be tested by hydraulic pressure equal to twice the specified working pressure. Valve to be operated by handwheel or operating nut shall have an arrow cast in the metal indicating the direction of opening. Valves 2 inches and larger: Unless otherwise shown on the drawings, valves 2 inches and larger shall be iron body, brass mounted and shall conform to the specifications for gate valves for ordinary water works service, C500 by the A WNA. Valves to be installed underground shall be non-rising stem type wth 2 inch square operating nut. Gate valves located inside structures shall be supplied with hand wheels. Valves smaller than 2 inches: Valves smaller than 2 inches shall be brass and shall conform to the requirements of Federal Specifications WN-V-54. SERVICE STOPS: Service stops shall be of the bailor plug type having o-ring seals and seats. Replacement of plugs and seals shall be made from the top without disconnecting the valve from the line pipe, or where end-entry stops are used, shall be immediately followed by a union. Stops shall be constructed of cast iron or bronze with solvent weld or screwed joints. All stops shall be suitable for a working pressure of 200 psi. VALVE BOXES: A cast iron valve box similar and equal to M & H E-2702, Mueller H10364 or approve equal and shall be installed over each underground valve or service stop. The word "WATER" shall be cast on the valve box cover. Boxes of other materials may be used subject to the approval of the Engineer. Contractor will submit with his request for approval, complete manufacturer's data on the box together with the reduction in price to the Owner to be eligible for approval. WATER DISTRIBUTION SYSTEM INSTALLATION: Handling and Storing Materials: Unload pipe so as to avoid deformation or injury thereto. Place no pipe INithin a pipe of a larger size. Store pipe and fittings on sills above storm drainage level and deliver for laying after the trench is excavated. Valves shall be drained and so stored as to protect them from freezing. Pipe Laying - General: The interior of the pipe shall be clean and joint surfaces wiped clean and dry when the pipe is lowered into the trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet. Give all pipes a uniform bearing on the trench bottom. Allow no trench water or dirt to enter the pipe after laying. Insert a water tight plug in the open end of the piping when pipe laying is not in progress. Setting Valves: Before setting each valve make sure the interior is clean and test opening and closing. Set valves and stops with stems plumb and at the exact locations shown. Provide a brick laid flat or other similar -18- I I I I I I I I I I I I I I I I I I I footpiece under each curb box. Valve and service boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a distance of 3 feet on each side of the boxes. Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction /blocking. Reaction blocking shall be made of Class "8" concrete and shall bear directly against the undisturbed trench wall. W1ere trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the Contractor shall provide steel tie rods and socket clamps to adequately anchor the piping. All tie rods and clamps shall be given a bituminous protective coating. Pressure Test: Before any work will be accepted for payment, the Contractor will fill the piping with water, open outiets as necessary for expelling the entrapped air. Thereafter furnish the necessary equipment and test the piping I under the supervision of the Engineer for a period of at least 2 hours at the maximum working pressure of the pipe, in pounds per square inch, based upon the lowest elevation of the section under test. Inspect all joints and remedy to the sati.sfaction of the Engineer any defects discovered. Continue the tests until all visible leaks have been eliminated from the part of the system under test. Leakage Test: The duration of the leakage test shall be 2 hours and during the test the main or section of the main under test shall be subjected to a pressure of 200 psi based on the lowest point in the line or section under test and corrected to the elevation of the test gauge. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test pressure after the air has been expelled and the pipe has been filled with water at the test pressure. No pipe installed will be accepted until the leakage is less than the number of gallons per hour as determined for the formula. L=ND frJ 3,700 L Allowable leakage in gallons per hour N Number of joints in the section of pipe tested 0 Nominal diameter of the pipe in inches p Average test pressure during the leakage test in the pounds per square inch gauge ~iTERILlZATlON: All piping complete with fittings and appurtenances shall be flushed until clean and sterilized as specified in the applicable paragraphs of Sections 2-2, 2-3, and 2-4 of A WWA Specification C-601 "Disinfecting Water Mains". The provisions of this paragraph apply equally to new pipe and fittings and to existing pipe lines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. Any pipe, solder and flux used during this project must be "lead-free" with not more than 8% lead in pipes and fittings, and not more than 0.2% lead in solders and flux. All requirements of the Health Department shall be observed in executing this work. Acceptable analysis must be obtained on three consecutive days prior to placing the system in service. AS-BUILT DRAWINGS: As the work progresses, record on one set of utility drawings all changes and deviations from the contract. drawings in sizes, line or grade. Record also the exact final location of water lines by offset distances to surface improvements such as building, curbs or property corners. Make sufficient measurements to locate definitely aU ",rater etc., to permanent points. Transfer accurately all records in draWng ink to white prints of the utility drawings -19- and deliver one copy of the same to the Engineer with the monthly payment estimate, and one copy to the municipality. MEASUREMENT - PAYMENT: The water distribution system INiIl be paid for at the lump sum price therefor appearing in the Bid Schedule. -20- I I I I I I I I I I I I I I I I I I I CONCRETE CONSTRUCTION :SCOPE: This section covers concrete construction, complete, including reinforcement therefor. fORMS: Forms shall be of wood, metal, structural hardboard or other suitable material that will produce the required surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate alignment to assure a smooth surface completely free from irregularities, and shall be sufficientiy tight to prevent the loss of mortar. No forms shall be left permanentiy in place without approval of the Engineer. Holes resulting from removal of form ties shall be filled solid within 12 hours after removal of forms with cement mortar. I~EINFORCING AND EMBEDDED METALS: Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the ASTM Designation A 15-65. All bars 3/8 inch and larger shall be deformed bars conforming to ASTM Designation A305-65. Detailing, fabrication and tagging of reinforcement shall be done in accordance with the ACI "Manual of Standard Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that were longer laps are indicated on the design drawings, the drav.nngs shall govern. Wre fabric reinforcement shall consist of steellNire conforming to the requirements of ASTM Designation A 185-64. Anchor bolts and structural shapes shall conform to ASTM Designation A36-66T. Exposed surfaces of embedded steel shall be given one shop coat of Red Lead Iron Oxide conforming to Federal Specification. TT-P-86c, Type II, lJnless otherwise noted on the drawings. Anchor bolts and miscellaneous steel items to be embedded in concrete shall be accurately placed in accordance with the drawings, and adequately secured in position to prevent dislodgement during concrete placing operations. Anchor bolts shall be protected after concrete has been placed and set by daubing INith grease, wrapping with burlap, and covering bolts INith wooden boxes. CONCRETE: All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance with the requirements of ASTM Designation C94-65 and having a compressive strength at 28 days of 3,000 psi, except as noted herein. The concrete manufacturer shall assume the responsibility of the design of the concrete mix in accordance INith Alternate No.2 of ASTM C94-65. Air entrained concrete shall be used for all concrete exposed to the elements. Materials: Cement shall be Type I or IA "Portland" cement, all one manufacturer, conforming to ASTM C150-65 or ASTM C175-66, respectively. Aggregates shall conform to ASTM C33-64. Coarse aggregate shall be crushed rock or gravel and graded from 3/4 inch to #4 sieve for walls and slabs and from 2 inches to #4 sieve for mass or foundation concrete. Fine Clggregate shall be natural sand. . _. Mixing water shall be proportioned so that slump when measured with standard slump cone does not exceed the following: 5 inches 6 inches 3 inches 3 inches 3 inches Slabs in grade Walls & Footings All others 4 inches -21- Premolded joint filler strips shall be resilient compressive, bituminous and fiber material saturated with at least 35 percent and not over 50 percent by weight of asphalt. Poured type joint composition for expansion joints shall be elastic compound made up of asphalt and colloidal mineral fillers. Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete. Runways shall not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24 inches deep. Vibrators may be used provided they are used under experienced supervision and the mixture is dry enough to prevent segregation. Form vibrators shall not be used. Vibration shall not be used for transporting or moving concrete inside the forms. No more concrete shall be placed than can be consolidated and finished in the same day as placed. Free fall of concrete shall be limited so that no segregation of materials occurs. Joints: Construction joints not indicated on drawings shall be approved by the Engineer in advance of pour. Joints in foundation walls shall be keyed. Before depositing of concrete is resumed, the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before the grout has attained its set. Rnishing: After stripping forms, all voids and honeycombs shall be patched by chipping and scarifying the defective area and treating it with an approved bonding tended that all such voids be patched, not merely plastered. Grout mixture shall consist of 1 PCD1 Portland cement and 1 part sand. Immediately following removal offorms, all fins and irregular projections shall be removed from all surfaces except those which are not to be exposed or waterproofed. Slabs shall be struck-off and consolidated by approved machine or hand methods, screeding and tamping concrete so that upon completion, the surface shall be true to grade as shown on drawings and free of surface voids. All floors shall have a monolithic steel trowel finish unless otherNise indicated on the drawings. Exterior walks shall be compacted, screeded and floated to a true even ,surface with wood floats and then broomed. PAYMENT: No separate payment will be made for the work performed under this section. Payment will be included in the prices for the items of which concrete construction is an integral part. -22- I I I I I I I I I I I I I I I I I I i STEEL REINFORCEMENT ~)COPE: The work shall consist offurnishing and placing steel reinforcement for reinforced concrete or pneumatically applied mortar. MATERIALS: Steel reinforcement shall conform to the requirements of ASTM A-615 having a yield strength of 40,00 psi. Before reinforcement is placed the surface of the bars and any metal supports shall be cleaned to remove any loose, flaky rust, mill scale, oil, grease or other coatings or foreign substances. After placement, the reinforcement shall be maintained in a clean condition until it is completely embedded in the concrete. BAR SCHEDULE. LIST AND DIAGRAMS: Any supplemental bar schedules, bar lists or bar-bending diagrams required to accomplish the fabrication and placement of reinforcement shall be provided by the Contractor. Prior to placement of reinforcement, the Contractor shall furnish three prints or copies of any such lists or diagrams to the Engineer. Acceptance of the r,einforcement will not be based on approval of these list or diagrams but will be based on inspection of the r,einforcement after it has been placed. BENDING: Reinforcement shall be cut and bent in compliance with the requirements of the American Concrete Institute Standard 315. Bars shall not be bent or straightened in a manner that will injure the material. Bars with kinks, cracks or improper bends will be rejected. SPLICING BAR REINFORCEMENT: Unless otherwise specified on the drawings, splices of reinforcing bars shall provide an overlap equal to at least 29 times the diameter of the smaller bar in the splice but not less than 12 inches. SPLICING WELDED WIRE FABRIC: Welded wire fabric shall be spliced in the following manner: A. Adjacent sections shall be spliced end to end by either: (1) Overlapping the two pieces of fabric one full mesh (measured from the ends of the longitudinal wires in one piece to the ends ofthe longitudinal wires in the other piece) and securing the two pieces together with wire ties placed at intervals of 18 inches; or, (2) Overlapping the two pieces of fabric so that the end crosswire of each piece comes in contact with the next-to-end crosswire of the other piece and securing the two pieces together only as required to keep the fabric in place and prevent it from curling. B. Adjacent sections of fabric shall be spliced side to side by either: 1.1 Placing the two selvage wires (the longitudinal wires at the edges of the fabric) one alongside and overlapping the other and securing the two pi~ces together with wire ties placed at intervals of 3 feet; or, 1.2 Placing each selvage wire in the middle of the first mesh of the other section of fabric and securing it to the other section at intervals of 10 feet by means of wire ties placed on the selvage wires alternately at intervals of 5 feet; or 1.3 Placing the selvage wire in contact with the next-to-edge longitudinal wire and securing them together only as required to keep the fabric in place or to prevent it from curling. -23- PLACING: Reinforcement shall be accurately placed and secured in position in a manner that will prevent its displacement during the placement of concrete. Tack welding of bars will not be permitted. Metal chairs, metal hangers, metal spacers and concrete chairs may be used to support the reinforcement. Metal hangers, spacers, and ties shall be placed in such a manner that they will not be exposed in the finished concrete surface. The legs of metal chairs that may be exposed at the lower face of slabs or beams shall be galvanized. Precast concrete chairs shall be manufactured of the same class of concrete as that specified for the structure and have tie wires securely anchored in the chair or a V-shaped groove at least 3/4 inch in depth molded into the upper surface to receive the steel bar at the point of support. Precast concrete chairs shall be moist at the time concrete is placed. Reinforcement shall not be placed until the prepared site has been inspected and approved by the Engineer. After placement of the reinforcement, concrete shall not be placed until the reinforcement has been inspected and approved by the Engineer. MEASUREMENT - PAYMENT: No separate payment will be made for work performed under this section. Compensation therefor will be considered as included in the lump sum prices shown in the Bid Schedule for the various items to which Steel Reinforcement is an incidental element. -24- H I I I I I I I I I I I I I I I I I I GRASSING SCOPE: This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of common Bermuda grass on all areas of the site disturbed by construction operations. SEED BED PREPARATION: Final grades 1M1I be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage after establishment of the turf before tillage is begun. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth of at least six (6) inches by plowing, disking, harrowing, or other approved methods until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all roots, cable, VlIire, or other waste material which might hinder final grading, planting, or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun. IFERTlLlZA liON: Fertilization shall be distributed uniformly at a rate of 1 ,500 pounds of commercial 1 0-1 0-1 0 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart of the tillage operation specified above, or a part of the hydroseeding procedure as described below: Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three (3) inches by disking, harrowing or other acceptable methods. The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above. Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. ~;EEDlNG: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following methods: Between the dates of April 15 and September 15, Hulled Common Bermuda seed shall be applied at a rate of 20 pounds per acre and Brown-Top Millet seed shall be applied at a rate of 50 pounds of seed per acre. If seeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed shall be applied at a rate of 40 pounds of seed per acre simultaneously with Ryegrass seed at a rate of 50 pounds per acre. Seed may be applied by means of a Hydroseeder or other means approved by the Engineer. COMPACTION: Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with a firm, even surface, free from -25- abrupt humps and hollows, and to the established grade. MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of 1 % tons per acre, except where hydroseeding is employed using a cellulose mulch mixed with the seed and fertilizer. ACCEPTANCE: Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not dominant. APPLICABLE SPECIFICATIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications for Highway Construction of the Georgia Department of Transportation, latest Edition. MEASUREMENT . PAYMENT: Work performed under this section will be paid for at the lump sum price for Grassing appearing in the Bid Schedule. Payment therefor will include full compensation for all materials, labor and equipment required to establish the required permanent stand of grass. -26- I I I I I I I I I I I I I I I I I I I a Little Spirit Creek Wellfield Tables Form # EPD-WS1.1 (1990) for LSC-1 Form # EPD-WS1.1 (1990) for LSC-2 . Form # EPD~WS1.1 (1990) for LSC-4 Form # EPD-WS 1. 1 (1990) for LSC-5 (To be completed by Licensed Water Well Contractor) Geologic and Hydrogeologic Cross-Sections ~ ~ ~ ~ ~ u ,.... ~ o ~ o ~ ~ I = ~ r:l ~ ~ ~ ~ ~ ~ = u ~ ~ rLl ~ ~ ~ t:: ~ =It: ~ == ~ ~ ~ .~ ~:::':. ... ::: .S: J :: - ~ ~ ~ ~ .... ~ ~ ~ ~.~ : ~ ~ ~ ~ ~ ~ \0 N on M 0\ N \0 0 M M M -::t -::t 00 on to-. \0 ~ \0 on N N N N - - - - I I I I 00 00 00 00 - - .- - - - - - I I I I -::t 00 on to-. 00 00 00 r--: I I I I \0 0\ M \0 \0 on \0 \0 - .- - - ui Q) ..... ~ i M N N to-. ~ to-. 0 N to-. I:: M -::t -::t -::t = r/l 1:: 0 go ... - 00 N in r/l \0 00 -::t \0 :s - .- N N 0 , I I I .C = ;> .13 ~ on 00 -::t -::t Q) 0\ M '<i -::t .13 0 0 = .- - 00 to-. d ti: 0 0 ~ = .... = N 0 00 Q., ~ .- C-' 8 .- '<i 0 - 0 - .- 00 .- M N N .- N 0\ tl::l on ~ II Q) .... :>. 0 Q) .... .0' .0 = ... 0 0 0 0 c.. c.. 0 0 0 0 = r/l to-. to-. to-. to-. U = 0 0 ..... ~ .... = 0 ~ Q) c.. Gj V) N -::t on - tJ.l Q) r-< ~ 0 * ;z: =It: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ o ~ ~I U ~ ~. ~ - rLl ~ U. I rLl ~ M ~ 0\ ~ N ~ ~ 8 ~l ~ "",., :'-~ ~' ~ '~, rLl _~ ~ ~ 0 ~ -:~ 00 ~ U t:: '~ ~ ~ NI-::tlon oolon/N 00 00 N .- NINlto-. N -::t 0\ M M M 01010 00 00 00 MININlto-. to-. 0 N to-. M -::t -::t -::t I I I 1 I I I I I I I I I I I I I I I I I. I I I I WATER RESOURCES MANAGEMENT BRANCH WELL DATA SHEET Georgia. Department of Natural Resources Environmental Protection Division (Form To Be Completed By Licenaed Water WeU Contractor) Water System Name: Hichmnndr.nllnty Wrltpr ~y~tpm County: Hi ("hmnnd System 10. No. 2450004 System Permit No. 121-0007 System Well No. T.~r.':"1 System Type: community:JL. non-coinmunity:_ non-community non-transient~ non-public:_ Owne~"AuQusta Utilities Dept.. Address: 2760 Peach Orchard Hd. City/Sltate/Zip: AUQusta GA 30906 Phone No: ( 706) 796- 5000 Driller. Address: City/State/Zip: Phone No: ( ) Well L.ocation Little Spirit Creek Basin Ground Elevation: 212 ft. MSL., Longitude: W 82002'01.,9" Latitude: N33018 '46. 6" WELL DESCRIPTION Date Drilled: Total Depth: ft. Static Water Level (SWL): ft. Date SWL Measured: DRll..LING METIlOD (Indicate) Rotary: _ Percussion: ~ Other._ HOLE DIAMETER Size:__in., From: ft., To: ft. Size:__in., From: ft., To: ft. Size:__in., From: ft., To: . ft. CASING RECORD Type Material: Wall Thickness: SDR: Weight/Foot Size:__in., From: ft., To: ft. Size:__in., From: ft., To: ft. Size:~_ in., From: ft., To: ft. . (Use Additional Sheets If Neceaaary) WELL. SCREEN Type Of Material: Size: in., From: ft., To: ft. Size: - in., From: ft., To:. ft. Size:_~in., From: ft., To: ft. Size:.-...:_in., From: ft., To: ft. Thickne:ss Of Gravel Packing: GROUTING Type Grout Applied By Pressure: Yes: No: From: ft., To: ---rt FrollIl: ft., To: ft. PUMPING TEST DATA Date Tested: Test Pump Rated: - gpm, Total Continuous Hrs. Tested: Water Level Stabilized: YES:_ NO: Hrs. Before Stabilization: Sustained Well Yield: Static Water Level : Total Drawdown: Specific Capacity: Pumping Water" Level: No. Minutes Well To Recover. Developed Well: Yes: No: Disinfected Well: Yes: No: (Attach Time And Drawdown Measurements) PERMANENT PUMP DATA (Completed By Contractor Or Owner) Pump Type: Diameter. Motor hp: Pump Capacity: Total Dynamic Head: Pump Set At: ft. Pump Disinfected: Yes:_ No:_ Deep Well Air Line Length: Access Port Diameter. Casing Vent Installed: Yes: Sample Tap Installed: Yes: Meter Installed: Yes: Meter Size: in. hp 8pm ft. ft. gpm/ft. ft. in. in., Outlet Size: Motor rpm: gpm ft. ft. in. No:_ No:_ No: gpm SEND. FORM TO : Drinking Water Program, 205 Butler St., S.E., Rm. 1066, Atlanta, Ga. 30334 . This wen was drilled and constructed in accordimcewiththe Georgia Department of Natural Resources'Rules for Safe Drinking Water, Chapter 391-3-5, and/or the Rules and Regulations for Groundwater Use, Chapter 391-3-2. I certify that the information on both sides of this form is correct and true to the best of my knowledge. Well Contractor's Signature: License No.: Well Contractor's Name: Date: EPD- WSl.l (1990) COMPLETE WELL LOG ON THE REVERSE SIDE From To Type Material Encountered Remarks .-._..&..- ...r Feet Feet Bear' - -- - - . . , - .. - - - - - - - - - - WELL DATA ~ - (It More Space Ia Required, Use Additional Sheets) DEPARTMENT USE ONLY Microbiological Analysis Reaults: Inorganic Analysis Results: Pesticides Analysis Result.: VOC Analysis Retults: SOC Analysis Reaults: RADIOLOGICAL ANALYSIS RESULTS Groaa Alpha: Ra228: Composite: U238: WS*__ Ra226: Radon: r\____=_ A__l.._:. D_..1... I I I I I I I I- I I I I I I I I I I I WATER RESOURCES MANAGEMENT BRANCH WELL DATA SHEET Georgia Department of Natural Resources Environmental Protection Division (Form To B. Completed By LiceDHCi Water W.U ContraCtor) Water System Name: Ri~hmond County Wrlt:pr c:;y~t:pm County: Ri~hmond System In. No. 2450004 System Permit No. 121-0007 System Well No. I,sC~? System Type: community:..x...- non-community:_ non-community non-transient_ non-public:_ i~ Owner. AUQusta Utilities Dept. Addr~~ 2760 Peach Orchard Rd. City/State/Zip: AUGusta GA 30906 Phone No: ( 706) 796- 5000 Driller. Address: - City /State/ Zip: Phone No: ( ) Well Location Little Spirit Creek Basin Ground Elevation: 216 ft. MSL., Longitude: W82"01 'l8.B" Latitude: N33"18'31.9" WELL DESCRIPTION Date Dri11ed: Total Depth: ft. Static Water Level (SWL): ft. Date SWL Measured: DRll..l.ING METHOD (Indicate) RotarY: Percussion: Other. HOLE DIAMETER - - Size: in., From: ft., To: ft. Size: -----,. in., From: ft., To: ft. Size:--in., From: ft., To: ft. CASING RECORD Type Material: W~ll lbickness: SDR; Weight/Foot Size: .. in., From: ft., To: ft. Size:--in., From: ft., To: ft. Size:= .. in., From: ft., To: ft. (U.. Additional Sheets If Neceaary) WELL SCREEN Type Of Material: Size: in., From: ft., To: ft. Size:--in., From: ft., To: ft. Size:--in., From: ft., To: f1. Size:--in., From: ft., To: ft.- Thickm;SS- Of Gravel Packing: GROUTING Type Grout Applied! By Pressure: Yes: No: . Fro:m: ft., To: ft. From: ft., To: ft. _ PUMPING TEST DATA Date Tested: Test Pump Rated: gpm, Total Continuous Hrs. Tested: Water Level Stabilized: YES:_ NO: Hrs. Before Stabilization: Sustained Well Yield: Static Water Level : Total Drawdown: Specific Capacity: Pumping Water Level: No. Minutes Well To Recover. Developed Well: Yes: No: Disinfected Well: Yes: No: (Attach Time And Drawdown Measurements) PERMANENT PUMP DATA (Completed By Contractor Or Owner) Pump Type: Diameter. Motor hp: Pump Capacity: Total D}'namic Head: Pump Set At Pump Disinfected: Yes: Deep Well Air Line Length: Access Port Diameter. Casing Vent InStalled: Yes: Sample Tap Installed: Yes: Meter Installed: Yes: Meter Size: in. hp gpm ft. ft. gpm/ft. ft. in. ft. ft. No: --rt. in. No:_ No:_ No: gpm SEND FORM TO : Drinking Water Program, 205 Butler St., SeE., Rm. 1066, AtIan~ Ga. 30334 This well was dri1led and constructed in accordance with the Georgia Department of Natural Resources'Rules for Safe Drinking Water, Chapter 391-3-5, and/or the Rules and Regulations for Groundwater Use, Ch';ipter 391-3-2. I certify that the information on both sides ofthis form is correct and true to the best of my knowledge. Well Ccmtractor's Signature: License No.: Well Contractor's Name: Date: EPD-WS1.1 (1990) COMPLETE WELL LOG ON THE REVERSE SIDE WELL DATA From To Type Material Encountered Remarks --. Feet Feet B~ar:.._ t . I . - ': .' ; , - , -,', - . -- eU More Space Is Required, Uie Additional Sheela) /DEPARTMENT USE ONLY- RADIOLOGICAL ANALYSIS RESULTS Microbiological Analy.g Result.: . Inorganic Analy.g Result.: Pedicidu AnalYSg Result.: VOC Analy.is Reault.: SOC Analy.is Reault.: WS* Ra226: Radon: ,,__.._:. A_..1....:. V_.tlt.- Groaa Alpha: Ra228: Composite: U238: I I I I I I I I I I I I I I I I I I I WATER RESOURCES MANAGEMENT BRANCH WELL DATA SHEET Georgia Department of Natural Resources Environmental Protection Division (Form To Be Completed By LiceDMCi W.w Well Contndor) Water System Name: Richmond r.ollnt:y W~tpr ~y~t-pm County: Richmond System ID. No. 2450004 System Permit No. 121-0007 System Well No. LSC~4 System Type: communitY:L non-community:_ non-community non-transient_ non-public:_ ~ . ,. Owne~ Auausta Utilities Dept:. Address: 2760 Peach Orchard Rd. City/State/Zip: . Auausta GA 30906 Phone No: ( 706) 796-5000 Driller: Address: City/State/Zip: Phone No: ( ) Well- L.ocation Li ttle Soiri t Creek Basin Ground Elevation: 185 ft. MSL.. Longitude: W82"Q1 '18.~ Latitude: N33017 '36.8" WELL DESCRIPTION Date Drilled: Total Depth: ft. Static Water Level (SWL): ft. Date SWL Measured; DRILLJNG METIIOD (Indicate) Rotary:_ percussion:..:....- Other: HOLE DIAMETER Size:__in.. From: ft., To: ft. Size: in., From: ft., To: - ft. Size:--in., From; ft., To: ft. CASING-RECORD Type Material: Wall Thickness: SDR: Weight/Foot - Size: in., From; ft., To: ft. Size:--in., From: ft., To: ft. Size:__in., From: ft., To: ft. (Use Additional Sheet. If Neceaaary) WELL SCREEN Type Of Material: Size: - in., From: ft., To: ft. Size:--jn., From: ft., To: ft~ Size:--in., From: ft., To: . ft. Size:--in.. From: ft., To: ft. Thickness- Of Gravel Packing: GROUlrlNG Type Grout: Applied By Pressure: Yes: No: From: ft.. To: ft. From:. ft.. To: ft. PUMPING TEST DATA Date Tested: Test Pump Rated: gpm, Total Continuous Hrs. Tested: Water Level Stabilized: YES:_ NO:_ Hrs. Before Stabilization: Sustained Well- Yield: Static Water Level Total Drawdown: Specific Capacity: Pumping Water Level: No. Minutes Well. To Recover: . Developed Well: Yes: No: Disinfected Well: Yes: No: (Attach Time And Drawdown Measurement.) PERMANENT PUMP DATA (Completed By Contractor Or Owner) Pump Type: Diameter: Motor hp: Pump Capacity: Total Dynamic Head: Pump Set At Pump Disinfected: Yes: Deep Well Air Line Length: Access Port Diameter: Casing Vent Installed: Yes: Sample Tap Installed: Yes: Meter Installed: Yes: Meter Size: in. hp gpm ft. ft. gpm/ft. ft. in.. Outlet Size: Motor rpm: in. gpm ft. ft. No: --:Ct. in. No:_ No:_ No: gpm SEND FORM TO : Drinking Water.- Program.- 205 Butler St.. S.E.. Rm. 1066. AtIan~ Ga. 30334 . ' .. - - . This well was drilled and constructed in accordance with the Georgia Department of Natural Resources' Rules for Safe Drinking Water, Chapter 391-3-5, and/or the Rules and RegulationsforGroundwaterUse~-CiiaPter 391-3-2. I certify that the information on both sides of this form is correct and true to the best of my knowledge. Well Contractor's Signature: License No.: Well Contlractor's Name: Date: EPD-WSl.l (:L990) COMPLETE WELL LOG ON THE REVERSE SIDE From Feet To Feet Type Material Encountered WE.LL DATA -- - Remarks - (If More Space Ia Required, Use Additional Sheets) I .:::in L_ !!!! - - -- II - n..IPaon;,. A.na.v.;. R...t11t.~ DEPARTMENT USE.ONlY RADIOLOGICAL ANALYSIS RESULTS WS# Ra226: Radon: Microbiological Analysis Results: Inorganic Analysis Results: Pesticides Analysill Results: VOC Analysis Results: SOC Analysis ResuUs: Groll Alpha: Ra228: Compoeite: U238: I I I I I I I I I I I I I I I I I I I WATER RESOURCES MANAGEMENT BRANCH WELL DATA SHEET Georgia Department of NaturaI Resources Environmental Protection Division (Form To B. Completed. By Licensed Wu.r w.n Contractor) Water System Name: Ri r-hmnnn ~nllnt:y Wrlt:pr ~y~1-pm County: Ri r-hmnnn System ID. No. 2450004 System Permit No. 121-0007 System Well No. I~-5 System Type: communitY:JL non-community: non-community non-transient_ non-public:_ Driller. Address: City/State/Zip: Phone No: ( Owner.. Augusta Ut i 1 it i es Dept. Addresll: 2760 Peach Orchard Rd. City/Stllte/Zip: Auausta GA 30906 Phone No: ( 706) 796- 5000 ) Well Location Little SoiritCreek Basin Ground Elevation: 210 ft. MSL., Longitude: W82"Ol'Xl.Q" Latitude: N33"'17'll.2" WELL DESCRIPTION ft. ft. ft. PUMPING TEST DATA Date Tested: Test Pump Rated: gpm, Total Continuous Hrs. Tested: Water Level Stabilized: YES:_ NO: Hrs. Before Stabilization: Sustained Well Yield: Static Water Level : . Total Drawdown:. Specific Capacity: Pumping Water. Level: No. Minutes Well To Recover. Developed Well: Yes: No: Disinfected Well: Yes: No: (Attach Time And Drawdown Measurements) PERMANENT PUMP DATA (Completed By Contractor Or Owner) Pump Type: Diameter. Motor hp: Pump Capacity: Total Dynamic Head: Pump Set At Pump Disinfected: Yes: Deep Well Air Line Length: Access Port Diameter. Casing Vent Installed: Yes: Sample Tap InStalled: Yes: Meter Installed: Yes: Meter Size: in. Date Drilled: Total Depth: Static Water Level (SWL): Date SWL Measured: DRILLn~G METIlOD (Indicate) Rotary: Percussion: . Other. HOLE DIAMETER - - Size:__in., From: ft., To: Size: in., From: ft., To: Size: . in., From: ft., To: CASING RECORD Type M~Lterial: Wall Thickness: Weight/Foot Size: . in., From: Size:===in., From: Size:__in., From: (U.. Additional WELL SCREEN. Type Of Material: Size: in., From.: ft., To: Size: in., From: ft., To: Size: in., From: ft., To: Size:--in., From: ft., To: Thickness -Of Gravel Packing: GROUl'ING Type Grout Applied Ely Pressure: Yes: From:. ft., To: ---rt.' From:. ft., To: ft. ft. ft. hp gpm ft. ft. spm/ft. ft. SDR= ft., To: ft., To: ft., To: Sheeto U Neceuary) ft. ft. ft. in., Outlet Size: Motor rpm: in. ft. ft. ft. . . ft! gpm ft. ft. No:_ ft. in. No:_ No: No:. No: spm SEND FORM TO : Drinking Water Program, 205 Butler St., s.E.,Rm. 1066, Atlanta, Ga. 30334 This well was drilled and constructed in accordance with the Georgia Department of Natural Resources'Rules for Safe Drinking Water, Chapter 391-3-5, and/or the. Rules and RegulationsforGroundwaterUse.~'CIii'Pter 391-3-2. I certify that the information on both sides of this form is correct and true to the best of my knowledge. Well Contractor's Signature: License. No.: Well Contractor's Name: Date: EPD-WSl.l (1.990) COMPLETE WELL LOG ON THE REVERSE SIDE WELL DATA From To Type Material Encountered Remarks I S:::i Feet Feet '. I - -- - , . -- , , ..- .. (If More Space Ia Reciuired, Use Additional Sheeta) DEPARTMENT USE ONLY Microbiological AnalYlia Resultl: Inorganic AnalYlia Resultl: PeaUcidee AnalYlia Result.: , VOC AnalYlia Resultl: SOC AnalYlis R.eaultl: n...fI"D.""" AnRlvai. R.a.ult.: RADIOLOGICAL ANALYSIS RESULTS Groll Alpha: R.a228: Composite: U238: WS# ~26: Radon: :if i! Ii ii H - r- r- c en -I ::u !i o z ~ 0 g I' o .' '" :l." n N ...;..;:" , '" 0 ..... ..'" . ~ a ::,,,:,::::,. '" lD -i' e!. .::,::,::::-:' ~ c'" ...... , '" r en :;:.:::.,,:' o - '" g . .... ,..':. .. '" ~ - ::...:.::.... "'_ <D .....:... " ~ ~ .: ........ .... n -< 3 .. . ..........:.. 00 .. = .':,,::'."::" oc:O <D .:.:...,...... 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OJ .....:.::::-;... _~~ ___=' ~-;; c.. --~ is" .\t-GJ -_. !t~ C)~ ..... ...... - - - -- - - - - - -.- - - -.. - - -..............- 8 -l >S"ffi (feet) 8 ELEVATION :i: ... en 0 r 0 I 8 r-f - -0 ~ ,... ~ ~ en ", " :0 N - , ... n :t n ~-C :0 00 ", In ::Q ", (J) 0 ~ ~en E "'a ", n r- :!6 ,.. 0 en :!! zn ", r- c ~ ~ - ~ aJ ", ::a !:( n ,.. )a :a ~ E ", r- r- ." - ,." r- '=' -Ke-I , ~ 8 -1J o 0" p) o o --0 tJ] o p) 0- en ~ Q. lo) 8 I\) 8 8 3: en r , ... o o (feet) GROUP T , ~ 8 0, o o . ..., 8 , (J) o o "T1 -. Otl c: .., ctl ~ . UPPER CONFINING FORMATION ------------------~ (Ieet) ~ en r ELEV A liON . o o 1:. o o ,t ~~ .,,: it. 1~i Hi '11 .~, ~! U ~~ " (;If%!! 1]J9Qr;n~a l14,t.;~N __ _ r':.~~ tF~!J !(;_\1_-11l_~ 1_(:::;t_IIII--r!~~c_~~-______=c .u L.;;;;Ic._t.:;;l-l:);J-~-1LJ ~ 11II- II ii151if~ ~i~i ! ii5.~ Cl :'< '> .. -i I ! { ~ " " :r -< o :0 o >- Ci) m o r- o Ci) o o :0 o CIJ CIJ CIJ m () :j o z ,.. ~ en iJ ~ o Z en o c: ::u n ", . . Cl"lD::U~ ~C:~nPi ",CD % ,,~J;;~;z: o ... ", 0 ~ . % ZO ~"'ro::U ZOCl 0 OCDO~~ a~~o~ ~Cl~ZO Cl~ OCl ",. -::u~ O~Z~O 6~Cl~'" ~. ::u::u~ n03:Z;Z: .,,~ ", ~z~!a ::u!to::u~ <c:Z::Il:", ~::Un"'i! -~in,.. "'no ::uc:C:-v ",,..z,- en~~l> o::um- c: enZ ::u Z. '" noCl~ ",. "'::0 encno~ . - !"'t ~JIi j;o ." Co) g )> . ,. ~ r- f'1 en " ~- ",! r--t ~n -_::0_ "'_ n ._ C - r- "'~- C~ ---==n.- -~~:f N o o c " " ,., ::a n o z ." Z - z en ;g ::a ~ ~ - o Z --1- o o ~ ~ I N o o 1'1 X iii I' ,-4" '1l _/ " Z I , 1'1 , ~ \ " ~, , ~ \ " :0 ~, ,. (') 1'1) , ~ ~;' .- '\ o z ,...' Zo, . r o lIoI, , Or, o III I .. C n( III ~~- , " = .. )> 1'1 . X ) iii' 2 _ ,-4 '" ~ al 1'1 ::a !( n ,.. J> ::a ;It ~ 1'1 ,.. ,.. ;It Q 6 E '" ::0 n o z ." - Z - z en .., o ::0 K Ji! 1.1 - o ~ . . n ::u ~ lJ) ~ r C Z ,.., lJl )> en ,.., s: ,.., Z ~ w o o J ~i N~ XIST. WELL) KC-3 Co) o o N o o o o ~ en r I o o ,.... _.... , N o o I Co) o o Z o ~ m ~ ", F 6 n ~ o Z en )> ::u ", ." ,.. ~ en o ." ~ % ", Z o ::u ~ % ---~- :t ~ c a .... " o en ::; o Z . ~o N o o o ~ o 0 o :::!. ::: :; ;;; '" - gl'l .. ii' a> g o p g o "T1 to !. < ! o. ~ .. x .. <D <D to i: o. " .. o '" o x 3. .. a; .:c '" Co> x 1:. o o , A CJl o I I I I I Well No. LSC-3 I I ... .Data . I I I I I I I I I I I I . r.' .,r, ...... . ...~. I! a~", ,.,. '."- '. II ,.1111 '.s.\~:'~I'. 0',: Ii ~~ . .._____ I . '.J. "N i~~ ,.,' \( :.~(~ '~(J '- , . I I I I I I I I I I I I I I I I I I I .. .;:~.:-;:::. ,.n. ~,,~ ',.. . ....... 17:'19 CHESHIRE: BAIU'",I:.. RD (Al PIf:OMON" , i;tl,,,.(,,.. 5.':'II'!/i" ,t TE.LEPHONE a,:.. .,.:....,Vl R G I I'd I ~ ,", _. . . ',.,: ." '.' . SU.PPLY AND WELL CO. ..4 '9~,4, &~~ W~~.vi4~A- cuuLCZl/ett,f)~~ ~4fa("~.v. . October 3, 1977. ... Mr. Julian E. Head, P. E. Patchen, Mingledorff & Associates 699 Broad Street Augusta, Ga. 30902 J ~ttJ I rq'J , · Ref: Pine Hill Well No.3. Dear Mr. Head: WE" ~ive you data on subject wel;!. as follows: Type Gravel Wall Size 24" x 14" 'Depth 258' Outer casing 104 'of 24" cement grouted J.n a 28" hole Inner casing and screen 258' Screen length 70' Size Screen 14" Type Screen - Stainless steel with size 80 slot openings Static Head 0' Pumping Head Capacity 147' 872 Gallons .per"minute stabilized for' the last 12 hours of d continuous 24 hour pumping period !~ecoIDmended amount of water to .be pumped from this well is 800 gallons per nrinute with pump set to a depth of 150'. Upon receipt of advice from you on the head to be pumped against we will <../ ~--:."il{~i.fhr ~"~~ 7~~~;;:",;" ~;:- Mtll II. "uN IIIV'''"N ..~::.'."'. ';:~r~...I't':... . d... Ul:I'^KIMLHI(JrN^IUM.^I.KL~UUIHI~ '(./.;.....1 ;-,.t,'.\.;-.'~'#:f~'''''' .... . SlATEOfCtCOR(iIA . '. a ,_:..":" '.,.; " :.' .' ".' _ ;'....~ :.? APPLICATION FOR A PERMIT TO USE GROUNDWATER "~i .r . PART B W~LL DATA (Submit one (1) form for each well). (Print or tv'>> alllnformatl~nL .; 1~@m~':"'O' ':"l~ ~ ,. I:. a'lOiii 'u; -~\:i~- I '';:tHl:~;~L'' ~ SECTION " ~ . .- -- APPLICANT PINt lULL WATER & SM1v.GE AUTBORIT'f WELL NO. 3 utiwdc 82--1'-1e5" . 184 rt. - (Key to ntKhed location map) Longiwde 33--18'-3" Ground elevation (I' :available) .- WeLl CONSTRUCTION DESCRIPTION ( I Exinin, [ 'J~d. Name ohquiflcr(s) being or to be"utlllzed TVPE CRILUNG(lndicaco) X Rotary --:-- PCreusslon Totaf depth 268 _ Bored Stille water lov.1 Date drilled Sept. 1977 Date to bc~ " Driller V ::iupp~Y Go well CO. fL n )NO lx)VES.. ORlll HOLE DIAMETER Size' 28 In., from 0 .5i" 21f. in {rom 101+- ... ., S~. In., from . ~. r"' Size " In.. from size. In" from GROUTING Typo Cement Fr:om 0 ft. to F'rom (t. to From fl. to fL to 104 ft. ft. to ;l~6 It. fr. to ft- . ft. 1:0 __'to fr. to fr. lQ~ fL ft. ft. .-' I J -, 1 . .- f TEST PUMP DATA Pumped X Esrimau:d Dare rested Pump ratod Test yield L'+ (H_. al Plampinq) fL (I. GPM 1ft. B:ailad. ;:'., CASING RECORD Ty.,. matCrial W". d'ltd:ness WllidttlFoot Siar _--1L'n.. from 0 ft. to 1O~ It. Size l~ In., from 8 fr. to -1.SLfr. Size _!!Lin., from _180 ft. to 199 fl. Sile 14 in., from 249 fto to _m.-fr. SID ,-__In., from __'to to ft. PERMANENT PUMP OAT A. (lr aVilLablD) . WEll SCREEN. Pump tYpe . Type amLeri~1 . . ST;:linle~s St,eJ, OUl.lcl si1.C. . ~,"':.Size. l~in.. from 159 . fL to 180 ft. Powered by Size l~ in:; from 199 ft. to 2..9 fr. =PGweT Size _in.. from fr. co fL Pumpinllcvel . . Size in., fram ft co ft. Avenge hours pumped per'day Size fn., 'rom n. to't. .. '. NOTE: Oeuiiod well construction specificatIons of a proposad well may be rcqL!ll'C!d by. Ute DIYISlOn upon rcvlew of thC!.submIU~ application, .' Steel 9"B/77 @ GPM GPM Afrer HP Water level before test Orawdown l~ 7 Specl fic Capaci tv 5 . 93 o ~,. GPM . . ..r I 1 \ r .:.,' . ComplctG wELL LOG on rftGr10 sido, if av.aiJabfc . :o-.~ .) , . EPD 2.26 I I I I I I I I I I I I I I I I I I I .JAMES G. SWIFT & ASSOCIATES CONSULTING ENGINEERS 1206 Intersta.te Parkway. Augusta, GA 30909 Phone: 706-868-8803 · Fax: 706-868-5464 ADDENDUM #3 PROJECT: Little Spirit Creek Wellfield (Bid Item #99-159) ,oA TE: February 3,2000 CLARIFICATION OF WELL CONSTRUCTION: Construct well casing vent at access port in discharge head base. See three (3) attached details. I d I ~ fT1 I z r 0 r -t 0 I () d rn ~-l I ij) . _J> rV () z - I ~ r r Q m I ~. < <: m - I ~1 Z -< -1 \)tJJ ~..(:((,/~, I ~(11 ~--i "./' "Oi ..~ ,<) I m \;, oPJ ,~ OZ OJ '/ " / r - ~ I ~~ 0 Y. 1 ~ -1 0'. // t 1 z~ m (J :r I - 7J ,il,I:; II /L, Y rJ. ~ ,(I) o !ql"'. ' ~ m "'" II . / =' " o :ii:i ." )1- "I .~ 1J J: (J t+o ii:; ;:.::I;~ 7J 1'1' i' '.11 . m I ~ 11 ';'I.i', I ,.' " . ,~ m rn ]> . :;111:11 Iii I ~~. ]1 )1 ;U 0 '.'I\~ - 0 Ci' ~ :! II: I'!:, /" , --.. 0 OJ ' "i,>i,>~f / ' -/-.- r' m A) '/ / lit I r IU - . , /, ~ . . 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I!!! 1-', W -0 !Q~o. oog UI-Ul W c.:> Q: <( :I: U Ul i5 0.::J :::!;:;( ;:)1- o.w o a. :::!;w ;:)w Ul!!! 10 :t< - w 0.:I: .0:: :;~ <(0 _c.:>o . W NlD ':::0 ....;:) I...J ....11. I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I JAMES G. SWIFT & ASSOCIATES CONSULTING ENGINEERS 1206 Interstate Parkway. Augusta, GA 30909 Phone: 706-868-8803 · Fax: 706-868-5464 . ADDENDUM #5 PROJECT: Little Spirit Creek Wellfield (Bid Item #99-159) DATE: February 4, 2000 CLARIFICATION OF CONTRACTOR LICENSE REQUIREMENT: Contractor shall have a current Ga. Well Contractor License. Where ever mention is made of a GA Utility Contractor License # replace with GA Well Contractor License #. The successful bidder will be required to have a valid Augusta-Richmond County Occupational Tax License.